5.DUTIES IN RELATION TO THE CLIENT

5.1 General

5.1.1 Confidentiality

As described in paragraph 2.3, an Advocate owes his client a duty of confidentiality.

5.1.2 The client’s interest

Subject to due observance of all rules of law and professional conduct, an Advocate must always act in what he perceives in his professional judgement to be the best interests of his client and must put those interests before his own interests or those of fellow Members of the legal profession.

5.1.2.1 Conflict between client and instructing agent（e.g.where the client may have a claim for professional negligence against his agent）

Where it appears to Counsel that a conflict of interest has arisen or may arise between the client and the instructing agent, it is his duty to take steps to ensure that the client is so advised in order that he can get the advice of another agent.It will depend on the circumstances how this should be done.The great majority of solicitors and other professional agents can be relied upon, when the conflict has been pointed out（orally or, if appropriate, in writing）, to take the necessary steps themselves.It will therefore normally be inappropriate to mention the matter in the presence of the client.But it may be necessary to record Counsel’s advice as to the existence of a conflict in a formal note and to ask the agent to send it to the client, or to deal with the matter at consultation with the client.In extreme cases, it may be the duty of Counsel to refuse to act further on the instructions of the agent concerned.

5.1.3 Withdrawing from acting

Generally, it is desirable for Counsel to continue to act in criminal cases to assist the Court, but there are cases where it may be appropriate to withdraw from acting.In any case（criminal or civil）where Counsel feels obliged to withdraw from acting, he must do so without delay and take such steps as are necessary to ensure that the instructing solicitor and the client know why he has withdrawn.Where he feels obliged to withdraw in the course of a trial or other hearing, he must formally move the judge（or chairman）for leave to withdraw from acting and protect the interests of the client by moving for an adjournment so that the client can get other advice.He is under no obligation to explain in detail to the Court or tribunal his reasons for withdrawing, since to do so may prejudice the client, and he should not yield to pressure to do so.If Counsel is in doubt as to whether he is entitled or bound to withdraw he should seek advice（as set out in Section 7）, and if necessary obtain an adjournment to do so.The consequences of withdrawing from acting when a trial is imminent or in progress may be particularly disruptive.In these circumstances care must be taken regarding the decision to withdraw from acting.Junior Counsel should seek advice（as is set out in section 7）.

5.1.4 Adequate insurance An Advocate is obliged to maintain a reasonable level of PII cover having regard to the nature of that Advocate’s practice and the extent of potential liabilities to clients in the event of a negligent error.