Duties to the court
Paterson, Alan; (2007) Duties to the court. In: Law, Practice and Conduct for Solicitors. University of Strathclyde, Glasgow.
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Abstract
The article starts by challenging the oft repeated assertion that the lawyer's duty to the court is paramount. It then looks at the historical background to the duties owed by lawyers in Scotland to the courts. It identifies how the regulation of the Scottish lawyers moved from the courts to the professional bodies over time, but also the surprising degree of residual regulatory authority in the courts, over both solicitors and advocates. Thus it argues that contrary to received wisdom there is no reason why an advocate could not be found liable in expenses where an abuse of process can be established. The piece highlights several principal duties: The duty to conduct cases efficiently and expeditiously, the duty not to abuse the court process, the duty of candour to the court, and the duty not to interfere with the proper administration of justice. Each duty is analysed in depth and from a comparative perspective drawing on the writings of international scholars in the field. The author discusses many of the unresolved issues in this area, as well as how we might learn from the insights of the international writers.
ORCID iDs
Paterson, Alan ORCID: https://orcid.org/0000-0001-5885-0743;-
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Item type: Book Section ID code: 4793 Dates: DateEvent2007PublishedSubjects: Law > Law of the United Kingdom and Ireland > Scotland
Social Sciences > Social pathology. Social and public welfare > Criminal justice administrationDepartment: Faculty of Humanities and Social Sciences (HaSS) > Strathclyde Law School > Law Depositing user: Strathprints Administrator Date deposited: 21 Nov 2007 Last modified: 26 Nov 2024 01:22 URI: https://strathprints.strath.ac.uk/id/eprint/4793