Code of Conduct Flashcards
Contingency Fee
I understand that you are proposing a contingency fee which is a breach of the professional code of conduct. I am unable to assist you
Committing an Offence
I understand that what you are asking me to do will lead to a further criminal offence called XX. I am bound by a set of ethical obligations and professional code and conduct and therefore I am unable to assist you
Client asks you to do something suspicious / unusual
I understand that your proposal sounds unusual / suspicious that may amount to a breach of the professional code of conduct.
Perhaps you could contact XX yourself?
In that case, I am unable to assist you
Client asks for something / do something which may be a breach of code of conduct
What you are suggesting may amount to a criminal offence / unethical / inappropriate and I am unable to assist you
If client is not being co-operative
Mr. XX, I understand that you need to return to your cell in 3 minutes / have a meeting to attend to. As we have limited time today, if we can focus on helping you secure bail
If client insists on question
Perhaps we can focus on the bail application and I will be able to assist / advise you on your matter after the hearing?
Client wants to plead guilty even though he did not commit the offence
1) Mr. XX, I must advise you that if you wish to plead guilty, there is a possibility that you will attract a sentence of imprisonment of XX years
2) I am given to understand that you have a defence and in the circumstances, it would be beneficial for you if you dont plead guilty
3) If client still insists to plead guilty - Perhaps I can talk to the Prosecution and if they insist to go with the charge, then I understand from your instructions that you will plead guilty?
Prosecution’s details are not correct
1) There is no duty to disclose the details to the prosecution
2) however, I also believe that if we dont disclose this information, there may be serious consequences
