Professional Ethics Lesson 2

10 Questions

What is the primary justification for an AAL accepting fees from clients?

To provide adequate compensation to serve clients effectively

What is the consequence of an attorney charging excessive fees?

A ground for disciplinary action

Under what circumstances can an attorney reduce or waive fees?

If the client would be effectively deprived of legal advice or representation

What is the principle governing the disclosure of confidential information by an AAL?

Complete reliance and faith

What is the exception to the rule that an AAL cannot refuse to act on behalf of a party?

Where the lawyer has a personal interest in the case

What is the purpose of the Cab Rank Rule?

To ensure that every person has the right to legal representation in a democratic society

What is the significance of the Rondel v Worsley case?

It highlighted the right to legal representation in a democratic society

What is the primary purpose of an AAL's professional fee?

To ensure professional independence and integrity

When is an attorney not obliged to accept work?

When the client is unable to pay

What is the significance of the skirt and blouse rules in the context of an AAL?

They relate to dress code and attire

Study Notes

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