Duties to the court and third parties — SQE1 Legal services question
A worked single-best-answer question on duties to the court and third parties, with why each wrong option is wrong — the way SQE1 traps candidates.
Ben, a solicitor, represents Carl, who is charged with theft and is due to be tried in the magistrates' court. In a conference before the trial Carl tells Ben clearly that he did take the goods, but says he still wants to plead not guilty because he thinks the prosecution's only eyewitness is unreliable. Carl asks Ben to continue representing him. Carl has not told anyone else about his admission.
Which of the following best describes how Ben may continue to act?
- AHe must withdraw immediately, because he cannot represent a client who has admitted guilt to him.
- BHe may continue and may call Carl to give evidence denying that he took the goods.
- CHe must inform the court of Carl's admission before the trial begins.
- DHe may continue, testing the prosecution evidence and putting the prosecution to proof, but must not put forward a positive case inconsistent with the admission.
- EHe must advise Carl to plead guilty and must stop acting if Carl refuses to do so.
Show answer and reasoning
Rule: A solicitor whose client admits guilt may continue to act on a not guilty plea by testing the prosecution's case, but must not advance a positive case inconsistent with the admission.
- A There is no obligation to withdraw; the solicitor can still put the prosecution to proof. (wrong rule)
- B Calling Carl to deny the offence would knowingly mislead the court. (wrong rule)
- C The admission is confidential and privileged and must not be disclosed to the court. (wrong rule)
- E Ben should advise on plea, but a not guilty plea is Carl's decision and does not oblige Ben to stop acting. (wrong rule)
Source: SRA Principles 2019, Principle 1; SRA Code of Conduct for Solicitors, RELs and RFLs, paras 1.4, 2.2 and 6.3