ABSTRACT

A lawyer has a duty to obey existing laws and assist in their enforcement. In the case of Re B (1981) (NSW), Moffitt P stated that a lawyer ‘must foster respect for the law and its administration’. While a lawyer has no obligation to support any particular law, a lawyer who defies the law will, in all likelihood, be considered unfit to be a member of the legal profession. This duty to uphold the law manifests itself in three ways, namely:

(a) undermining the law; (b) breaking the law; and (c) assisting a client or an agent to break the law.