Regulation 9

knowingly mislead or attempt to mislead in any way, whether by doing anything referred to in sub-paragraph (b) or (c) or otherwise —

the court or tribunal;

any staff of the court or tribunal;

any other legal practitioner; or

any witness in, or any other person involved in or associated with, those proceedings;

fabricate any fact or evidence in any communication with, or representation or submission to, the court or tribunal;

include, in any document used for those proceedings, any statement of fact which the legal practitioner knows to be false;

express the legal practitioner’s personal opinion of the client’s conduct;

allow the legal practitioner’s personal opinion to affect —

the legal practitioner’s professional assessment of the facts or the law; or

the legal practitioner’s duty to the court or tribunal;

knowingly or recklessly cite the law out of context, interpret the law in a manner calculated to mislead the court or tribunal, or otherwise advance any submission, opinion or proposition which the legal practitioner knows or ought reasonably to know is contrary to the law;

concoct any evidence or contrive any fact, whether or not that evidence or fact will assist in advancing the client’s case;

draft any originating process, pleading, affidavit, witness statement or notice or grounds of appeal containing any of the following:

any statement of fact or contention which is not supported by the client or by the legal practitioner’s instructions;

any contention which the legal practitioner does not consider to be reasonably and properly arguable;

any allegation of fraud, unless the legal practitioner has clear instructions to make such an allegation and has before the legal practitioner reasonably credible material which establishes a prima facie case of fraud;

in the case of an affidavit or a witness statement, any statement of fact other than the substance of any evidence which the legal practitioner reasonably believes, having regard to the legal practitioner’s instructions, the witness making the affidavit or statement would give if that evidence was given orally.

must inform the court or tribunal of every relevant decision, and every relevant legislative provision, of which the legal practitioner is aware, whether that decision or provision supports or rebuts the legal practitioner’s contentions before the court or tribunal; and

must disclose to the court or tribunal, and to every other person involved in or associated with those proceedings —

every fact, item of evidence, item of information and other matter which the legal practitioner is required by law to disclose in those proceedings to the court or tribunal and to that other person, respectively; and

any procedural irregularity of which the legal practitioner is aware.