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Legal Ethics > Rules of Professional Conduct and Ettiquette > Flashcards

Rules of Professional Conduct and Ettiquette Flashcards

1
Q

Duty to the court - Rule 1

A

While presenting before a court, conduct himself with dignity and respect. Serious complaint against judicial officer, submit grievance to proper authorities.

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2
Q

Duty to the court - Rule 2

A

Maintain a respectful attitude towards the Courts.

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3
Q

Duty to the court - Rule 3

A

Shall not influence the decision of a court by any illegal or improper means. Pvt comms with a judge regarding a pending case are forbidden.

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4
Q

Duty to the court - Rule 4

A

Restrain and prevent his client from resorting to unfair practices. Refuse to represent a client who persists in such improper conduct. Choose words wisely and not a mouthpiece of the client.

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5
Q

Duty to the court - Rule 5

A

Appear only in the prescribed dress and always be presentable.

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6
Q

Duty to the court - Rule 6

A

Shall not appear before a court if any member is related to the advocate.

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7
Q

Duty to the court - Rule 7

A

Not wear bands, gown in public places other than the court, and except on ceremonial occasion and BCI.

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8
Q

Duty to the court - Rule 8

A

Shall not appear before any court for or against an org./institution if he is a member of the Executive Committee of that org/institution.

Exception: Amicus Curiae, Bar Council, Incorporated Law Society or Bar Association

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9
Q

Duty to the court - Rule 9

A

Not plead in any matter in which he is himself pecuniarily/financially interested.

Bankruptcy petition - if he is creditor of the bankrupt.

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10
Q

Duty to the court - Rule 10

A

Shall not stand as surety or certify the soundness of a surety.

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11
Q

Duty to the client - Rule 11

A

Bound to accept any brief in the courts before which he proposes to practice at a fee consistent with his standing at the Bar. He can refuse under special circumstances.

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12
Q

Duty to the client - Rule 12

A

Not ordinarily withdraw from engagements, once accepted, without sufficient cause and unless reasonable and sufficient notice is given to the client. Refund upon withdrawal.

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13
Q

Duty to the client - Rule 13

A

Do not accept a brief in which he has reasons to believe that he will be a witness. He shall not continue to appear as an adv. if he can retire without jeopardizing his client’s interests.

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14
Q

Duty to the client - Rule 14

A

Make full and frank disclosures to his client relating to his connection with the parties and any interest.

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15
Q

Duty to the client - Rule 15

A

It shall be the duty of an advocate to fearlessly uphold the interests of his client by all fair and honorable means without regard to any unpleasant consequences. Defend of a crime regardless of his personal opinion as to the guilt of the accused

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16
Q

Duty to the client - Rule 16

A

If prosecuting, conduct so it does not lead to the conviction of the innocent.

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17
Q

Duty to the client - Rule 17

A

Not commit a breach of obligations imposed by 126 of IEA (attorney client privilege)

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18
Q

Duty to the client - Rule 18

A

Shall not be a party to fomenting litigation

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19
Q

Duty to the client - Rule 19

A

Not act on the instructions of any one other than his client or authorized agent

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20
Q

Duty to the client - Rule 20

A

Shall Not stipulate for a fee contingent on the results of litigation or agree to share the proceeds thereof.

21
Q

Duty to the client - Rule 21

A

shall not buy or traffic in or agree to receive any share or interest in any actionable claim. Does not apply to govt. securities etc.

22
Q

Duty to the client - Rule 22

A

Shall not bid for any property sold in the execution of decree or order in any suit in which he was professionally engaged. Does not prevent from bidding for his client if authorized.

23
Q

Duty to the client - Rule 22A

A

Shall not bid in court auction for the benefit of any other person which is subject matter of any suit appeal.

24
Q

Duty to the client - Rule 23

A

Shall not adjust fee payable to him by his client against his own personal liability to the client.

25
Q

Duty to the client - Rule 24

A

Shall not do anything to abuse or take advantage of the confidence that his client has in him.

26
Q

Duty to the client - Rule 25

A

Keep accounts of the client’s money entrusted to him.

27
Q

Duty to the client - Rule 26

A

Make reference whether money received for fees or expense. Do not divert any portion of the expenses towards fees.

28
Q

Duty to the client - Rule 27

A

Money received? Give receipt.

29
Q

Duty to the client - Rule 28

A

After termination of the proceedings, at liberty to appropriate towards the settled fee

30
Q

Duty to the client - Rule 29

A

Where fee is unsettled, entitled to deduct at the termination of the proceedings and balance should be refunded.

31
Q

Duty to the client - Rule 30

A

Furnish a copy of the client’s account.

32
Q

Duty to the client - Rule 31

A

Shall not enter into arrangements where funds are converted to loans

33
Q

Duty to the client - Rule 32

A

Shall not lend money to his client for the purpose in which he is engaged by him.

34
Q

Duty to the client - Rule 33

A

If advised for institution of a suit or appeal, he shall appear or plead for the opposite party.

35
Q

Duty to the opponent - Rule 34

A

Shall not communicate or negotiate upon the subject matter of controversy with any party represented by an advocate except through that advocate

36
Q

Duty to the opponent - Rule 35

A

Do his best to carry out all legitimate promises made to the opposite party even though not reduced to writing or enforced

37
Q

Duty to the colleagues - Rule 36

A

Not solicit work, advertise through circulars, ads or tout in connection with cases in which he has been engaged. His sign-board should not indicate his specialization or that he has been a judge or adv gen

38
Q

Duty to the colleagues - Rule 37

A

Shall not permit his professional service or name to be used in unauthorized practice of law by any agency.

39
Q

Duty to the colleagues - Rule 38

A

Not accept a fee less than the fee taxable under the rules when the client is able to pay the same

40
Q

Duty to the colleagues - Rule 39

A

Shall not enter appearance where there is already a vakalatnama filed by an advocate except with his consent.

41
Q

Duty in Imparting Training - Rule 45

A

It is improper to demand/accept fees as a consideration for imparting training

42
Q

Duty to render legal aid - Rule 46

A

Any one genuinely in need of a lawyer is entitled to legal assistance even though he cannot pay for it fully or adequately.

43
Q

Restriction on other Employments - Rule 47

A

Shall not personally engage in any business but he may be a sleeping partner in a firm not inconsistent with the dignity of the profession.

44
Q

Restriction on other Employments - Rule 48

A

May be a Director/Chairman with none of his duties being of a Executive character.

45
Q

Restriction on other Employments - Rule 49

A

Shall not be a full-time salaried employee of any person, govt, firm, corpo as he continues to practice. Notify the Bar when he takes up any employment.

46
Q

Restriction on other Employments - Rule 50

A

Inherited or succeeded by survivorship to a family business may continue it, but may not personally participate in the mgt.

47
Q

Restriction on other Employments - Rule 51

A

Can review parliamentary bills for remuneration edit legal text books etc etc.

48
Q

Restriction on other Employments - Rule 52

A

nothing shall prevent an advocate from accepting part time employment which does not conflict with his professional work.

Legal Ethics (1 decks)

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