Shantel Francis Ethics January 11,2016

Re Bridgwood

A solicitor spoke in mitigation of sentence on behalf of a client for whom he had previously acted and who on this occasion, to his knowledge had appeared in court and pleaded guilty under a false name.

Held: The solicitor was guilty of professional misconduct on the basis that a solicitor takes part in a positive deception of the court when he puts forward or lets his client puts forward information which the solicitor knows to be false with intent of misleading the court.

If he is not able to persuade the client to change his mind, he has a duty to withdraw from the case.