Chapter 3 - Ethics of Legal Profession: The Basics

Question 1

BASICS OF ETHICS OF LEGAL PROFESSION

Overview

Answer 1

1) Privilege & right of A&S
2) Whether privilege is absolute
3) Extend of privilege
4) Legal force of LPPER

Question 2

BASICS OF ETHICS OF LEGAL PROFESSION

Privilege & right of A&S

Answer 2

S.35

• lays down the right of A&S

Question 3

BASICS OF ETHICS OF LEGAL PROFESSION

Whether privilege is absolute

Answer 3

Royal Aquarium v Parkinson:

• the privilege is absolute;
• i.e. to ensure freedom of speech as it is essential to facilitate justice.

Question 4

BASICS OF ETHICS OF LEGAL PROFESSION

Extend of privilege

Answer 4

Munster v Lamb:

• The privilege is only for counsel that is not malicious & act bona fide.

Question 5

BASICS OF ETHICS OF LEGAL PROFESSION

Legal force of LPPER

Answer 5

Balakrishnan Devaraj v Patwant Singh:

• LPPER is made pursuant to S.77 of LPA.
• LPPER is a statutory law & has the force of law, despite it being subsidiary legislation.

cf.

Sri Minal Construction Sdn Bhd v Mobil Oil Sdn Bhd:

• rules made in LPPER have no force of law to override or govern the procedure of courts;
• the breach of r.56 does not make the judgment obtained irregular.