4. Duties owed to the Courts
Past version: effective from 30/05/2016 - 29/05/2016
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(1) Lawyers shall deal with the Courts and its staff honestly, co-operatively and with civility.
(2) When dealing with the Courts, lawyers:
(a) must comply with their duties to the Courts;
(b) where relevant, must inform the client of the circumstances in which their duties to the Courts outweigh their obligations to the client;
(c) must comply with Courts' orders which place obligations on them; and
(d) must not place themselves in contempt of court.
(3) Lawyers shall not engage in conduct that undermines the dignity and authority of the Courts or which may otherwise result in procedural unfairness.
(4) Lawyers shall ensure that they are familiar with ADGM laws and ADGM Courts Regulations and Rules as may be relevant to the matter before the Courts.
(5) Lawyers shall inform the Courts of all relevant case decisions, legal authority, legislative provisions and any procedural irregularity of which they are aware, regardless of whether the effect is favourable or unfavourable to the contention for which they argue.
(6) Lawyers must not attempt to deceive or knowingly or recklessly mislead the Courts by making incorrect or misleading statements of fact or law to the Courts and shall take all necessary steps to correct any incorrect or misleading statement of fact or law at the earliest opportunity.
(7) Lawyers must not publish any material concerning proceedings that are active which may prejudice a fair trial or the administration of justice or amount to contempt of court as provided in section 96 of the ADGM Courts Regulations.
(8) Lawyers must not give an undertaking to the Court, unless they believe that the undertaking is appropriate in all the circumstances and are satisfied, at the time the undertaking is given, that they or their client will be able to honour the undertaking.
(9) Lawyers shall not conduct proceedings before the Court in any matter in which they have reason to believe they may be a witness, save where any evidence they may give is likely to be purely formal or uncontroversial and it is clear that this will not prejudice the lawyer's independence or the interest of the client or the interest of justice.