RULES OF PROFESSIONAL CONDUCT Flashcards
Rule 15
REPRESENTING CLIENT WITHIN THE BOUNDS OF THE LAW
Rule 15(1)
Lawyer shall not engage in unlawful conduct in representing client
Rule 15(2)(a)
Lawyer shall withdraw from service if client insists on unlawful conduct
Rule 15(3)(d)
Lawyer shall inform client of ADR mechanisms before resorting to litigation
Rule 15(5)
Lawyer shall not assert his personal belief in the integrity of his client/witness.
Rule 17
CONFLICT OF INTEREST
Rule 17(1)
(1) Lawyer shall disclose any conflict with interest of client at the time of retainer.
Rule 17(2)
Except with the consent of the client after full disclosure has been made, lawyer shall not accept
retainer if the exercise of his professional judgement may be affected by his personal interest.
Rule 17(3)
(3) Lawyer shall not acquire proprietary interest in subject matter of litigation except:
(i) Where he acquires lien to secure payment of fees.
(ii) Where he enters into contingent fee arrangement with client in civil case.
Rule 17(5)
(5) Shall not appear as counsel in a matter in which he is a party.
Rule 19
PRIVILEGE AND CONFIDENCE
Also provided for in S192 Evidence Act
Rule 19(1)/(2)
(1)(2) All oral/written communication between a lawyer and client in the course of his employment is privileged and shall not be disclosed.
Rule 19(3)
3) A lawyer may disclose confidential information:
(a) With the consent of his client after full disclosure is made.
(b) By order of the court.
(c) To prevent the commission of a crime.
(d) To defend himself from accusation of wrongful conduct or when necessary to collect his fee.
Rule 19(5)
(5) Shall not communicate with the other party except with that party’s lawyer.
Rule 19(6)
(6) Shall not mislead or advice opposing party not represented by counsel.
Rule 16
REPRESENTING CLIENT COMPETENTLY
Shall not handle legal matter he knows he is not competent to handle without associating with other lawyer and shall not neglect matter entrusted to him
Rule 14
DEVOTION AND DEDICATION
Lawyer shall devote his time, energy and expertise to the service of his client
Rule 21
WITHDRAWAL FROM EMPLOYMENT
Lawyer shall not withdraw from employment once assumed except for good cause.
Good cause includes; where there is a conflict of interest, if the client insists on an unjust cause, or if the client fails to pay the lawyer’s fees
Rule 22
CALLING AT CLIENT’S HOUSE OR PLACE OF BUSINESS
Lawyer shall not call at client’s house or place of business for the purpose of taking instructions or giving advice except in exceptional circumstances.
Exceptional Circumstances = where the client is in custody, or is ill, or very old and unable to move around freely.
Rule 23
DEALING WITH CLIENT’S PROPERTY
Lawyer shall promptly report and account for monies collected on behalf of client, and shall not mix his personal funds with that of client.
Rule 24
RESPONSIBILITY FOR LITIGATION(THE ‘CAB RANK’ RULE)
Lawyer shall accept brief in area in which he professes to practice, provided his proper professional fee is offered, unless there are special circumstances e.g. conflict of interest.
Rule 30
OFFICER OF THE COURT
Lawyer is a Minister in the Temple of Justice and must not do anything to adversely affect the administration of justice.
Rule 31
CONDUCT IN COURT
Lawyer should always treat the court with respect.
(2) Complaints against a judicial officer should be directed to the appropriate authorities.
(4)(5) Lawyer shall not discuss pending case with the Judge unless the opposing lawyer is present. The authorities to whom complaints may be directed are provided under section 3 LPDC Rules
Rule 26
FELLOWSHIP AND PRECEDENCE
Lawyers should not allow the dispute between their clients influence their conduct towards each other.
(2) Lawyers should observe the order of precedence in the legal profession.
The order of precedence is provided in the First Schedule of the Legal Practitioners Act.
Rule 27
GOOD FAITH AND FAIRNESS
Lawyer shall not engage in sharp practices. i.e. he will observe agreements and promises made to opposing lawyer, and will not take undue advantage of misfortune to opposing lawyer.