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Disclosure of Unhelpful Material in Family Proceedings (Children)

Purpose: To guide family barristers whose case includes material that is unhelpful to their client
Scope of application: All practising family barristers
Issued by: The Ethics Committee
First reviewed: 01/07/2015
Last reviewed: 01/09/2022
Status and effect: Please see the notice at end of this document. This is not "guidance" for the purposes of the BSB Handbook I6.4.

Unhelpful material – obligations of full and frank disclosure disclose – obligations of counsel – legal professional privilege – privilege against self-incrimination – concurrent family and criminal proceedings – confidentiality duties – reasons to disclose even if privileged or confidential – when withdrawal may be necessary

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Important Notice

This document has been prepared by the Bar Council to assist barristers on matters of professional conduct and ethics. It is not “guidance” for the purposes of the BSB Handbook I6.4, and neither the BSB nor a disciplinary tribunal nor the Legal Ombudsman is bound by any views or advice expressed in it. It does not comprise – and cannot be relied on as giving – legal advice. It has been prepared in good faith, but neither the Bar Council nor any of the individuals responsible for or involved in its preparation accept any responsibility or liability for anything done in reliance on it. For fuller information as to the status and effect of this document, please see here.

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