A legal practitioner who deliberately propounds pleadings or makes assertions known to be false commits unprofessional conduct by attempting to mislead the court, even if the practitioner expects the truth will be revealed later in the trial. An intention to mislead temporarily is an intention to mislead. The duty not to mislead the court extends to all acts in the course of practice including the drafting of pleadings, affidavits and witness statements, and overrides any duty to the client. Section 31C of the Legal Practitioners Act 1893 (WA) is directed primarily to protecting clients and witnesses, not practitioners, and does not extend to appeal proceedings.
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