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In exercise of the powers conferred by section
77 of the Legal Profession
Act 1976, the Bar Council makes the following rules:
1. Citation.
These Rules may be cited as the Legal Profession (Practice and Etiquette) Rules 1978.
2. Obligation of advocate and solicitor to give advice on or
accept any brief.
[Subs. P.U. (A) 58/94]
An advocate and solicitor shall give advice on or accept any brief in
the Courts in which he professes to practice at the proper professional
fee dependent on the length and difficulty of the case, but special circumstances
may justify his refusal, at his discretion, to accept a particular brief.
Provided that special circumstances may justify his refusal, at his discretion, to accept a particular brief.
3. Advocate and solicitor not to accept brief if embarrassed.
- An advocate and solicitor shall not accept a brief if he is or would be embarrassed,
- An embarrassment arises
- where the advocate and solicitor finds he is in possession of
confidential information as a result of having previously advised
another person in regard to the same matter;
- where there is some personal relationship between him and a party or a witness in the proceedings.
4. No advocate and solicitor to accept brief if professional
conduct likely to be impugned.
No advocate and solicitor shall accept a brief in a case where he knows or has reason to believe that his own professional conduct is likely to be impugned.
*Published as P.U. (A) 369/1976 and came into force on 29.12.1978.
Amended by P.U. (A)101/1979, P.U. (A) 365/1981, P.U. (A) 189/1987, P.U. (A) 310/1991 & P.U. (A) 58/1994.
5. No advocate and solicitor to accept brief if difficult to
maintain professional independence.
- No advocate and solicitor shall accept a brief if such acceptance
renders or would render it difficult for him to maintain his professional
independence or is incompatible with the best interest of the administration
of justice.
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- An advocate and solicitor who has at any time advised or drawn pleadings or acted for a party in connection with the institution or prosecution or defence of any suit, appeal of other proceedings shall not act, appear or plead for the opposite party in that suit, appeal or other proceedings.
- An advocate and solicitor shall not act unless the consent of the first party for whom the advocate and solicitor acted is obtained in writing and the advocate and solicitor is not embarrassed by so acting.
6. An advocate and solicitor not to accept brief if unable
to appear.
- An advocate and solicitor shall not accept any brief unless he is reasonably certain of being able to appear and represent the client on the required day,
- An advocate and solicitor shall nor ordinarily withdraw from an engagement once accepted, without sufficient cause and unless reasonable and sufficient notice is given to the client.
7. No advocate and solicitor to accept remuneration in capacity
as Member of Parliament etc. except emoluments as Member of Parliament
etc.
- An advocate and solicitor shall not accept any remuneration for that which he does in his capacity as a Member of Parliament or of any State Legislature, other than emoluments received by him as a Member of Parliament or of any State Legislature.
- No advocate and solicitor may accept the position of an executive director or executive secretary of a company without the express consent of the Bar Council,
8. Advocate and solicitor not to ask for excuse from assignment.
Subject to any Rules of Court made in This behalf, an advocate and solicitor assigned as counsel or advocate and solicitor in any civil or criminal matter shall not ask to be excused for any trivial reason and shall always exert his best effort in that assignment,
9. Advocate and solicitor to undertake defence fairly
and honorably.
- An advocate and solicitor who undertakes the defence of a person in
any criminal matter shall by all fair and honorable means present every
defence that the law permits,
- An advocate and solicitor shall undertake the defence of a person accused of an offence regardless of his personal opinion as to the guilt or otherwise of the accused,
10. Advocate and solicitor to conduct prosecution so that
no innocent person is convicted.
- An advocate and solicitor appearing for the prosecution in a criminal trial
shall so conduct the prosecution that it does not lead to the conviction
of an innocent person.
- Material capable of establishing the innocence of the accused shall not be suppressed.
