DUTY TO COLLEAGUES 26-29

Question 1

What is Rule 26(1) RPC?

Answer 1

Lawyers are to treat one another with respect, fairness, consideration and dignity and shall not allow any ill.

Question 2

What is Rule 27(1) RPC?

Answer 2

GOOD FAITH AND FAIRNESS AMONG LAWYERS

Question 3

What is Rule 26(2)C?

Answer 3

-Avoid sharp practices

Question 4

What is Rule 27(2)C RPC?

Answer 4

Duty to Avoid Sharp Practices

Question 5

What is Rule 28 RPC?

Answer 5

ASSOCIATING IN A MATTER

Question 6

What is Rule 29 of RPC?

Answer 6

Change of Counsel By Client

a. promptly give notice to the former lawyer;
b. try and ensure that the former lawyer is paid his outstanding professional fees;
c. Both lawyers should give notice to the court.
DUTIES OF OLD LAWYER TO CLIENT
-All letters written by the lawyer to other persons at the direction of the client
must be handed over to the client;
-Copies of letters written by the lawyer to other persons at the direction of the
client must be handed over to the client;
-Drafts and copies made in the course of business

Question 7

Dress code for men?

Answer 7

Black or blue-black or charcoal grey two piece or three-piece suit, white collarless
shirt, white wing collar (size: should be one size ―bigger than shirt neck size, two studs required to hold collar to shirt) white band, black shoes.

Question 8

Dress Code for women?

Answer 8

1. Black, blue-black or charcoal grey straight dress with three quarter sleeve/long sleeve(below knee length), collarette and black court shoes (must be robed properly).
2. Black knee length skirt suit, with a white camisole/blouse or skirt suit with a white camisole or blouse or shirt, collateral, wig and gown and a pair of black court shoes, Wig and Gown(superior court)

Question 9

what degree of care is required of a Legal Practitioner?

Answer 9

“A solicitor should not be judged by the standards of a particularly meticulous and conscientious practitioner, the standard is what a reasonably competent practitioner would do having regard to the standard normally adopted in his profession”.
Midland Bank v. Stubb & Kemp

Question 10

Exceptions to general Liability of a Legal Practitioner in his duty to exercise professional competence?

Answer 10

S 9(2) LPA
1. Where the lawyer is acting without remuneration
2. Where it was during the course of trail i.e cross examination
RATIONALE

a. The need for lawyers to be fearless and independent
b. The possibility of a case being retried all over again
c. The need to forestall endless litigation