Can a lawyer acting as counsel instruct a client to disobey a court order?

Alberta, Canada


The following excerpt is from R.K. v. S.K. (counselling breach of order), 2005 ABQB 672 (CanLII):

Lawyers acting as counsel are officers of the court, and are expected to safeguard the administration of justice and to promote respect for the orders of the court. It is a most remarkable situation where counsel instructs a client to disobey a court order, as happened in this case. A lawyer should not assist in the breaching of court orders: Berube v. Wingrowich, 1999 ABQB 547, 251 A.R. 128 at paras. 25-27. In cases involving the care of children the court relies heavily on its officers. They have a duty to think carefully about the advice they give their clients, and the submissions they make to the court; counsel are not simply gladiators whose job it is to win at all costs.

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