Professional Ethics Lesson 2

General Duties of a Lawyer

• A lawyer has duties to the court, client, and other brethren of the profession
• Ethics are the preferable standard of conduct/behavior relating to human activity
• Professional ethics is a set of standards relating to the activities/conduct of professionals

Applicable Laws/Case Laws

• Supreme Court Rules – 1978 / 1988
• Judicature Act - 1978
• The Constitution - 1978
• Case Laws: Chandrathilake v Munasinghe, Re Wilbert Fernando, Re Dematagoda Don Harry Wilbert, Re Brito

Rule 70 of the Supreme Court Rules of 1978

• No person who has not been duly admitted and enrolled as an Attorney-at-Law can assist and advise clients, appear, plead, or act for or on behalf of clients in any court or other institution established by law for the administration of justice

Attire of Attorneys-at-Law

• Rule 6: attire for male Attorneys-at-Law - black coat and dark or white trousers and black tie, or white national costume, or black Shervani with dark or white trousers
• Rule 7: attire for female Attorneys-at-Law - saree and jacket in white, black, off-white, grey, or mauve, or black trousers with white blouse and black coat and shoes, or black skirt with white blouse and black coat and shoes

Consequences of a Breach of Code of Ethics

• The Disciplinary Committee will procure/receive evidence and examine witnesses and present their findings to the Supreme Court
• Charges are proved, the SC shall take suitable action

The Procedure - Judicature Act - S 42

• Disciplinary inquiry
• Disciplinary Committee

The Cab Rank Rule

• Rule 5: an Attorney-at-Law may not refuse to act on behalf of a party/person in any matter/proceeding before any court, tribunal or other institution established for the administration of justice or in any professional matter at their professional fee

Exceptions

• Where there is a personal interest
• Conflict of interest between two of your clients
• Matter means that the lawyer would be getting involved in the commission of an offence
• Where the case affects the lawyer's professional independence
• Matters involving the lawyer as a witness

Fees and Remuneration - Rule 27-29

• Justification for accepting fees: an Attorney-at-Law is not engaged in a charitable activity and not obliged to accept work unless the client can pay, rendering services for a living and charging fees is a characteristic of a professional, and adequate compensation is necessary to serve clients effectively and preserve the integrity and independence of the profession
• Charging excessive fees is a ground for disciplinary action
• Attorney can reduce or waive the fees on account of poverty/hardship or where the client would be effectively deprived of legal advice or representation
• Attorney shall not misappropriate a client's money
• A Retainer

This quiz covers the general duties of a lawyer, the concept of ethics, applicable laws and case laws, consequences of a breach of code of ethics, and the distinction between ethics and professional ethics.