Lord Neuberger's Duty To The Court

Duty to the court

Due to the court’s prominent role within the administration of justice, and the weight that Lord Neuberger places on it, duty to the court must initially be viewed independently from the other overlapping ethical duties, as conflict will inevitably arise due to the contrast between the opposing purposes of a barrister’s core duties. By viewing the relationship between a barrister’s ‘duty to the court and the administration of justice’ and their duty to ‘act in the best interest of their client’ , evidently, conflict will always give precedence to this overriding ethical duty, as duty to the court in itself symbolises the foundation of justice. Analysis of the ethical dilemma surrounding confidentiality expounds how the ethical duty to the court can be explicitly demonstrated.
According to the Bar’s code, one of a barrister’s core duties is that they ‘must keep the affairs of each client confidential’ . Barristers understand the weight of such obligation, as it allows the client to fully inform them of all relevant facts, so that they may be equally advised in return; moreover, this weight of confidentiality is heightened, as the trust clients place in their advocate surpasses ordinary loyalty. Taylor L.J emphasises this in the case of
This concern, which the barrister reciprocates, is evident in the Bar’s code, indicating that they ‘must promote fearlessly and by all proper and lawful means the client’s best interest’ , and due to their fiduciary relationship, the client puts their trust into their advocate. By applying the standard conception theory to this relationship, it depicts that, although a barrister cannot act illegally, they can instead use morally dubious tactics. Lord Neuberger emphasises this issue himself in the case Vernon v Bosely , where new information from a different case showed the prosecution’s argument’s to be