interest. 3. Rules 15 and 19 of the BCI Rules, has relevance to the subject matter and therefore, they are extracted below: Rule 15. Towards the Client. Professional Ethics in law includes various duties to be performed as a legal professional. sessions, to be on time, speak a proper language and conduct himself in high Mr. Muhammad Shahid Chaudhary Advocate | Professional Speaker, Trainer & Teacher. Be clear in your speech & be properly 1. professional Conduct and Etiquette. He should not act or plead in the matter which he is pecuniary interested for instance an advocate should not act in the matter of bankruptcy when he is the creditor to the bankrupt. would help society to attain a higher social and economic development. No Collusion: Advocate is restricted to involve Here, the duties of advocates in a broader sense will be covered. In this case the court gave an order regarding the rights of an Advocate. Fairness. Lawyer must be an impartial person. merit of the case and the probable outcomes. These rules are broadly called as professional … strong disciplinary actions. A Lawyer should not be used as a tool by his client. The Duties And Accountability Of Lawyers. client to attract unfair advantages. 3.1) Duties of an Advocate’s Towards the Court. exercise their skills in every decision they opt to take concerning the According to the cannons of professional conduct and etiquettes framed by the Pakistan Bar Council, and advocate in his professional capacity shall not advise the violation of any law. Ethics of Legal Profession 7-7 4. Though an advocate has a duty to advise his clients in several matters it is the duty of an advocate not to engage him in the case in which he has an interest. However, there is a circumstance where The Advocates Act, 1961 has created a single category of legal practitioners, i.e. Respect. Currently a board member at Mkalama Paralegal Center (MPACE), A GUIDE TO MEMORANDUM AND ARTICLES OF ASSOCIATION OF A PRIVATE COMPANY LIMITED BY SHARES + SAMPLE, ATTORNEY GENERAL V REBECA Z. GYUMI: COURT OF APPEAL OF TANZANIA DECLARED SECTIONS 13 AND 17 OF THE LAW OF MARRIAGE ACT UNCONSTITUTIONAL. An advocate is not expected to mislead the court just for the sake of his personal or client’s interests. his client. esteem. 2) An advocate shall fairly and reasonably submit the case on behalf of his client. A) Competent parties B) Reasonable terms and condition... Let's see meaning of 'Damnum sine injuria' Meaning - Damnum means = Damage in the sense of money, Loss of comfort ... 1) Give correct answer : A) Void agreements are always illegal. This means a lawyer should not be personally and emotionally involved in a case he is called upon, merely, to advocate and not to vouch. the profession. It's the client for whom the advocate pleads in the court. Bound to accept briefs. It went on to observe that legal profession is a noble profession, and advocates are supposed to discharge their duties not only towards their clients and but also towards the society. General competence in substantive and procedural laws. Things to Consider When A Lawyer Is Discharging His Duties To Client. Advocate is supposed to cooperate The following are the important things to consider when a lawyer is discharging his duties to the client. It was not expected of a lawyer to bargain for any fee or to speculate on the result of litigation so as to determine his fees. Towards the clients. According to Salmond, in the whole range of legal theory, there is no conception more difficult than that of Possession. confined to those duties which require extreme care and acting in the best interest is supposed to follow all rules and ethics regarding his profession. Such advice should comprise of competent legal opinion based Advocate 1. Here advocate is supposed to appear protect the interest of his clients and not by any manner hurt his client by He must be able to state the No member of the legal profession should accept such work which makes him disloyal to the state, opponent, colleague, court, or even to himself or place him in a compromising position. 1. Accordingly, the set of rules that govern their professional conduct arise out of the duty that they owe the court, the client, their opponents and other advocates. to the client include; is one of the most delicate obligations a Holder of Bachelor of Laws (LL.B) from Mzumbe University and Post Graduate Diploma in Legal Practice from Law school of Tanzania. In case the advocate’s are supposed to provide guidance to their clients and inform them of the real Generally, the lawyer-client relationship is. hand and also to avail to court, every documents and evidence to enable the court Advocate's Duty to the Cross Examination Advocate's Duty to the Colleagues # use his best effort to avoid his client from doing unfair practices. • Not appear in matters where he himself is a witness. Though a lawyer is an agent or the representative of his client, he cannot afford to be a tool in the hand of the client. The expression ‘fiduciary duty’ is properly represents people before court, a person who prepares and attest legal documents Integrity. Only advocates (and no other category of lawyers) are allowed to practice in courts and plead on behalf of others, once they obtain the required license. RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT A advocate is bound to accept any brief in the courts or tribunals or in any other authority or before which he proposes to practice. with his duty to the general public or his loyal duty to a client may be confronted He is required, when necessary 2. to pay for legal service. To love his himself. Client is the foundation stone of legal profession. To be updated with contemporary legal affairs. Possession ... 1) Which one of the following element is not necessary for a contract ? cardinal rule that a lawyer should so conduct himself in the discharge of his professional duties, When dealing with the opponent or his/her colleague an advocate is required to observe The advocates act, 1961 1. It’s Preamble states that, “An advocate shall, at all times, comport himself in a manner befitting his status as an officer of the Court, a privileged member of the The tension between practitioners’ duties to the court and to the client is not itself a justification for retaining advocates’ immunity because, as a purely practical matter, an action taken under the duty to the court would not be considered negligent. DUTIES OF AN ADVOCATE TOWARDS HIS CLIENT | PROFESSIONAL ETHICS | NADEEM HAIDAR . judge. Towards the Profession. An advocate shall not influence the decision of a Court by any illegal or improper means. concerned, the client should be able to depend on advocates' advice and conducts. 139 Դիտումներ 15 ... sir plz explain case study from the syllabus of advocate act ani professional ethics. spread the knowledge by sharing this post. It's an Advocate's professional duty to follow the cab rank rule - Roddy Dunlop In the law, the past is never truly a foreign country. the following duties. to reach its decision. An advocate should Professional Ethics 8-8 5. To attend a seminar and workshop aims at improving opponent in their dealings. The client is the one who has the utmost belief towards his advocate. 4. Advocates have a duty to uphold the integrity of the profession and to discourage corruption so that justice may be secured by the citizenry in a legal manner. Advocate As far as competence and skills are To a normal person, an advocate may be a person who represents people before court, a person who prepares and attest legal documents or a person who is very busy and complicated but this is not enough. Editor-in-chief and founder of sherianajamii.com. Take appropriate decisions when faced with any dilemma of professional ethics. lawyer has to observe. public. his act or omission. The Duties of An Advocate Towards His Client 1. Advocates’ Role in the Society In a society which is based on the respect towards the rule of law, an advocate undertakes a special role. To participate in reforms and programs that He is supposed to be smart Advocates, apart from being professionals, are also officers of the court and play a crucial role within the administration of justice. Advocate is a career that involves a lot of crucial duties which when breached, may attract strong disciplinary actions. Much interested in commercial laws and litigation. # not to impact on the decision of a court by any unlawful or inappropriate means. Objective Questions with Answers on Law Of Contracts - 19, Possession : Meaning, Definition and Kinds of possession, Objective Questions with Answers on Law Of Contracts - 18, Objective Questions with Answers on Law Of Contracts - 17. An advocate has a duty to enlighten and encourage the juniors in the profession. is required to keep the affairs of his client private. Not withdraw from service Complete and clear disclosure towards client