Rule 20.2 of the Australian Solicitors Conduct Rules 2023 (Qld) (‘ASCR’) states that a solicitor whose client in criminal proceedings confesses guilt to the solicitor but maintains a plea of not guilty:
20.2.1 may, subject to the client accepting the constraints set out in Rules 20.2.2 - 20.2.8, but not otherwise, continue to act in the client’s defence,
20.2.2 must not falsely suggest that some other person committed the offence charged,
20.2.3 must not set up an affirmative case inconsistent with the confession,
20.2.4 must ensure that the prosecution is put to proof on its case,
20.2.5 may argue that the evidence as a whole does not prove that the client is guilty of the offence charged,
20.2.6 may argue that for some reason of law the client is not guilty of the offence charged,
20.2.7 may argue that for another reason not prohibited by Rule 20.2.2 or 20.2.3 the client should not be convicted of the offence charged, and
20.2.8 must not continue to act if the client insists on giving evidence denying guilt or requires the making of a statement asserting the client’s innocence.
An example for Rule 20.2.3 would be calling evidence in support of an alibi – see NSW Bar Association v Punch [2008] NSWADT 78.
An example for Rule 20.2.6 would be a defence of insanity.