KSL ATP Criminal Litigation study materials
KSL ATP Criminal Litigation study resources

KSL ATP Criminal Litigation: Professional Conduct, Ethics and Client Care in Criminal Practice

KSL ATP Criminal Litigation · Work through your exam, one topic at a time.

All guide sections

Professional Conduct, Ethics and Client Care in Criminal Practice

Core duties

A criminal practitioner balances duty to the court with duty to the client. Core duties include upholding the administration of justice, honesty and integrity, independence, confidentiality, and competent client care. Client care requires clear terms of engagement, costs information, and a complaints route. Confidentiality is broader than legal privilege; privilege protects communications for legal advice or litigation and is not lost by death, but crime-fraud communications are not privileged.

Conflicts and evidence

You cannot act for two clients with conflicting accounts or interests without informed consent and effective safeguards; often you must decline. If the client admits guilt but wants to plead not guilty, you may put the prosecution to proof but cannot call the client to give evidence you know is false, suggest another person committed the offence, or mislead the court. If the client insists on false evidence, withdraw without revealing the reason.

Traps

Questions often conflate confidentiality with privilege, or assume the advocate must follow client instructions to mislead. Another trap is the duty to disclose adverse authorities and to correct misleading law. Handling client money or undertakings requires strict compliance.

Worked example

Client says 'I did it, but I want to deny it.' You may test the prosecution case; you cannot advance a positive defence inconsistent with guilt. If the client insists on testifying falsely, withdraw.