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David,

I'm afraid that you do. You must never mislead the court or knowingly allow it to be misled.

I knew a solicitor who acted for a client. He knew of her record. She changed her name. She was charged again under that name. The prosecution said she had no form. He did not mention her character at all. He may have believed his information was privileged. He went to jail for perverting the course of justice.

Years ago a silk, and try as I may I can't recall his name called a witness who had been a senior police officer. He was referred to in court by his rank. By the trial he had been dismissed or left under a cloud. The silk did not correct the use of the rank, but referred to him as Mr X. He was suspended.

You explain the problem to your client when it arises. If your client won't allow you to tell the plain truth, then you withdraw. Conflict of interest and/or duty to the court.

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