110. A barrister has a duty to uphold the interests of his client without regard to his own interests or to any consequences to himself or to any other person.

111. A barrister has the same privilege as his client of asserting and defending the client's rights by the statement of every fact and the use of every argument that is permitted by the principles and practice of the law.

112. If a barrister forms the view that there is a conflict of interest between his lay client and the person instructing him in the matter or the company, firm or other body of which such a person is a director, partner, member or employee, he should advise that it would be in the lay client's interest to instruct another person authorised to instruct him in the matter. Such advice should be given either in writing or at a conference at which both the person instructing him in the matter and the lay client are present.

113. A barrister instructed to settle a pleading is under responsibilities to the Court as well as to his client. He may not make any allegation unsupported by his instructions. He may not allege fraud unless:
(a) he has clear instructions to plead fraud, and
(b) he has before him reasonably credible material which, as it stands, establishes a prima facie case of fraud.

114. In a criminal appeal to the Court of Appeal a barrister should not settle grounds of appeal unless he considers that the proposed appeal is properly arguable.

115. In legally-aided civil cases a barrister's primary duty remains owed to his lay client but circumstances may arise where a barrister becomes of the opinion that an assisted person, for example, no longer has a reasonable prospect of success, or has required the case to be conducted or continued unreasonably in which case a barrister must comply with the provisions of Regulations 12(7) and (8) of the Legal Aid Regulations, which are reproduced at Annex 10.

116. A barrister employed as Counsel is under a duty not to communicate to any third person information which has been entrusted to him in confidence, and not to use such information to his client’s detriment or to his own or another client’s advantage. This duty continues after the relation of Counsel and client has ceased. A barrister’s duty not to divulge confidential information without the consent of his client, express or implied, subsists unless he is compelled or permitted to do so by law.

[The next paragraph number is 120.]