21Responsible use of court process and privilege

21 Responsible use of court process and privilege

21 Responsible use of court process and privilege

21.1 A solicitor must take care to ensure that the solicitor’s advice to invoke the coercive powers of a court—

21.1.1 is reasonably justified by the material then available to the solicitor,

21.1.2 is appropriate for the robust advancement of the client’s case on its merits,

21.1.3 is not given principally in order to harass or embarrass a person, and

21.1.4 is not given principally in order to gain some collateral advantage for the client or the solicitor or a third party out of court.

21.2 A solicitor must take care to ensure that decisions by the solicitor to make allegations or suggestions under privilege against any person—

21.2.1 are reasonably justified by the material then available to the solicitor,

21.2.2 are appropriate for the robust advancement of the client’s case on its merits, and

21.2.3 are not made principally in order to harass or embarrass a person.

21.3 A solicitor must not allege any matter of fact in—

21.3.1 any court document settled by the solicitor,

21.3.2 any submission during any hearing,

21.3.3 the course of an opening address, or

21.3.4 the course of a closing address or submission on the evidence,

unless the solicitor believes on reasonable grounds that the factual material already available provides a proper basis to do so.

21.4 A solicitor must not allege any matter of fact amounting to criminality, fraud or other serious misconduct against any person unless the solicitor believes on reasonable grounds that—

21.4.1 available material by which the allegation could be supported provides a proper basis for it, and

21.4.2 the client wishes the allegation to be made, after having been advised of the seriousness of the allegation and of the possible consequences for the client and the case if it is not made out.