Solicitor Advocate Practice Questions - Solicitor Advocate Extended Rights Of Audience Examinations (Scotland) Exam

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A solicitor advocate is conducting a High Court trial and becomes aware of a reported decision of the Inner House that is directly binding and is plainly adverse to the client's position. Opposing counsel has not cited it. What is the solicitor advocate's duty to the court?

To draw the binding authority to the court's attention even though it harms the client's case To remain silent, as the duty of confidentiality to the client overrides disclosure To disclose it only if the judge directly asks whether any authority is against the submission To disclose it only after first obtaining the client's express permission

Correct Answer:

To draw the binding authority to the court's attention even though it harms the client's case

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