Professional ethics

Module-3
Legal profession

 Nature of Legal Profession (10mrks)

The legal profession is a complex and multifaceted field that plays a crucial role in
society. Here are some key aspects that define the nature of the legal profession:

1. Advocacy and Representation: One of the primary functions of lawyers is to

advocate for their clients. They represent individuals, businesses, and
organizations in various legal matters, such as criminal cases, civil lawsuits, or
negotiations. Lawyers use their knowledge of the law to argue on behalf of
their clients and ensure their rights are protected.
2. Advisory Role: Lawyers provide legal advice to their clients, helping them
understand their rights and responsibilities under the law. They assist clients
in making informed decisions and developing strategies to address legal
issues.
3. Interpretation and Application of the Law: Legal professionals are
responsible for interpreting and applying the law. They research case law,
statutes, regulations, and legal precedents to analyze and understand how the
law applies to specific situations.
4. Conflict Resolution: Lawyers often play a critical role in resolving conflicts
through negotiation, mediation, or litigation. They help parties involved in
disputes reach mutually agreeable solutions or represent their clients in court
to settle disputes through legal proceedings.
5. Ethical Standards: The legal profession is governed by strict ethical standards
and codes of conduct. Lawyers are expected to maintain high levels of
integrity, confidentiality, and professionalism in their interactions with clients,
colleagues, and the court.
6. Specialization: The legal field is highly specialized, with lawyers focusing on
specific areas of law such as criminal law, family law, corporate law,
environmental law, intellectual property law, and more. Specialization allows
lawyers to develop expertise in their chosen areas.
7. Education and Licensing: Becoming a lawyer typically requires a formal
education and passing a bar exam or similar licensing examination. Lawyers
 must continually update their knowledge and skills to stay current with
changes in the law.
8. Advocacy for Justice: Many lawyers and legal organizations are dedicated to
advocating for justice and social change. They may work on cases or initiatives
that address issues such as civil rights, human rights, environmental
protection, and access to justice.
9. Client-Centered Approach: Lawyers are duty-bound to act in the best
interests of their clients while upholding the law. This involves providing
competent representation, maintaining client confidentiality, and avoiding
conflicts of interest.
10.Research and Analysis: Legal professionals spend a significant amount of
time conducting legal research, analyzing case law, and preparing legal
documents. They must have strong analytical and research skills to succeed in
the profession.
11.Continual Learning: The legal field is dynamic, with laws and regulations
constantly evolving. Lawyers must engage in lifelong learning to stay
informed about changes in the law and adapt their practices accordingly.
12.Professional Organizations: Lawyers often belong to professional
organizations, such as bar associations, which provide support, resources, and
opportunities for networking and professional development.

 Need for an Ethical Code of Rights: privileges and duties of

Advocates (6mrks)

An ethical code of rights, privileges, and duties for advocates (lawyers) is essential
for several reasons:
1. Maintaining Professional Integrity: An ethical code sets the standards for
professional behavior and ensures that advocates uphold the highest level of
integrity and ethics in their practice. This helps build public trust in the legal
profession.
2. Protection of Client Rights: Clients rely on lawyers to protect their legal rights
and interests. An ethical code outlines the rights of clients to competent
representation, confidentiality, and loyalty from their advocates.
3. Promoting Fairness and Justice: Lawyers play a vital role in the administration
of justice. Ethical standards help ensure that advocates act in a manner that
promotes fairness, equity, and the proper functioning of the legal system.
 4. Preventing Conflicts of Interest: Ethical rules provide guidelines on avoiding
conflicts of interest. Lawyers owe a duty of loyalty to their clients, and an
ethical code helps prevent situations where lawyers might have conflicting
obligations.
5. Ensuring Competence: Ethical standards require lawyers to provide
competent representation. This means lawyers must possess the necessary
skills and knowledge to represent their clients effectively.
6. Confidentiality and Privilege: Ethical codes establish the duty of lawyers to
maintain client confidentiality, which is essential for open and honest
communication between clients and their advocates. It also addresses
attorney-client privilege, which protects communications from disclosure in
court.
7. Access to Justice: Ethical standards can address pro bono work, ensuring that
lawyers contribute to providing access to justice for those who cannot afford
legal services.
8. Accountability: An ethical code provides a framework for holding lawyers
accountable for their actions. Disciplinary bodies can use these standards to
investigate and address complaints against lawyers who violate ethical rules.
9. Professional Development: Ethical codes often require lawyers to engage in
ongoing professional development to stay current with changes in the law and
maintain their competence.
10.Public Confidence: Having a clear ethical code helps maintain public
confidence in the legal profession. When the public believes that lawyers
adhere to high ethical standards, they are more likely to trust and seek legal
assistance when needed.
11.Global Consistency: Ethical codes can help maintain consistency in legal
practice standards across jurisdictions, which is particularly important in an
increasingly globalized world where lawyers may practice in different
regions.
12.Cultural Sensitivity: Ethical codes can address cultural and diversity issues,
ensuring that lawyers respect the diverse backgrounds and needs of their
clients.
In summary, an ethical code of rights, privileges, and duties for advocates is crucial
for maintaining the integrity of the legal profession, protecting the rights of clients,
promoting fairness and justice, and ensuring that lawyers are held accountable for
their actions. It serves as a foundational framework that guides lawyers in their
professional conduct and helps build trust in the legal system.
  confidentiality between an Advocate to compromise
Confidentiality between an advocate (lawyer) and a client is a fundamental ethical
duty that forms the bedrock of the attorney-client relationship. It means that
lawyers are obligated to keep all information related to their clients' legal matters
confidential, and this obligation extends to information that could compromise their
clients.
Here are some key points regarding confidentiality between an advocate and
compromising information:
1. Duty of Confidentiality: The duty of confidentiality is one of the most critical
ethical obligations for lawyers. It means that lawyers must not disclose any
information related to their client's case or legal matters to third parties
without the client's informed consent.
2. Client Trust: Clients must have complete trust in their lawyers to share
sensitive and potentially compromising information. This trust is essential for
open and honest communication between clients and their advocates.
3. No Exceptions for Compromising Information: The duty of confidentiality
applies even when a client reveals information that could be detrimental to
their own case or could potentially harm others. Lawyers are not allowed to
disclose such information unless authorized by the client or required by law.
4. Informed Consent: If a client wishes to disclose compromising information to
others, the lawyer should counsel the client on the potential consequences and
seek informed consent in writing before doing so. The decision to disclose
compromising information should ultimately rest with the client.
5. Attorney-Client Privilege: Attorney-client privilege is a legal concept that
protects communications between lawyers and clients from disclosure in
court. This privilege is an important aspect of maintaining confidentiality and
encourages clients to be open and honest with their lawyers.
6. Conflict of Interest: If a lawyer becomes aware of a conflict of interest
between multiple clients, including a potential compromise of one client's
interests by representing another, the lawyer has an ethical duty to address
the conflict appropriately. This may include obtaining informed consent,
withdrawing from representation, or taking other steps to mitigate the
conflict.
7. Exceptions to Confidentiality: While confidentiality is a fundamental
principle, there are limited exceptions where lawyers may be required to
disclose confidential information, such as when a client intends to commit a
future crime, when disclosure is required by law, or when necessary to
 prevent harm to others. However, even in these situations, lawyers are
encouraged to seek legal advice before disclosing.
In summary, confidentiality between an advocate and a client is a cornerstone of the
attorney-client relationship. Lawyers have a duty to maintain this confidentiality,
even when clients share compromising information. The primary responsibility is to
protect the client's interests and trust, while also upholding the law and ethical
standards to the best of their abilities. If there are concerns about the disclosure of
compromising information, it's essential for the lawyer to discuss these issues with
the client and seek appropriate guidance.

 Duty of an advocate towards the Court (6/10mrks)

The duty of an advocate towards the court is a crucial ethical obligation that lawyers
must uphold to ensure the proper functioning of the legal system and the
administration of justice. This duty, often referred to as the "duty to the court" or
"officer of the court" duty, encompasses several key responsibilities:
1. Candor and Honesty: Advocates are expected to be candid and honest when
dealing with the court. They should not present false information, make
misleading statements, or engage in any form of deception. Lawyers have a
duty to provide accurate and complete information to the court.
2. Respect for Court Officials: Advocates must show respect for judges,
magistrates, court staff, and opposing counsel. This includes addressing the
court with courtesy and professionalism, even when advocating vigorously
for their clients.
3. Compliance with Court Orders: Lawyers are obligated to comply with court
orders and directives promptly. Failure to do so can result in sanctions and
undermine the court's ability to administer justice effectively.
4. Duty to Uphold the Law: Advocates have a fundamental duty to uphold the
law and to assist the court in ensuring that justice is served. This means they
should not engage in unethical or illegal conduct, and they should assist the
court in interpreting and applying the law correctly.
5. Duty to Advise on Settlement: Lawyers are often required to advise their
clients on settlement options and engage in settlement negotiations in good
faith. While advocating vigorously for their clients' interests, lawyers should
also encourage the resolution of disputes when it is in the best interests of
justice.
 6. Duty of Impartiality: Lawyers must maintain an impartial stance when
presenting their clients' cases to the court. They should not make unfounded
personal attacks or engage in behavior that could prejudice the court against
the opposing party or their counsel.
7. Duty to Present Evidence Ethically: Advocates should present evidence
honestly and ethically. This includes not submitting false or fabricated
evidence and not suborning perjury (encouraging witnesses to lie).
8. Duty of Diligence and Preparedness: Lawyers have a duty to be diligent and
prepared when representing their clients in court. This includes thorough
research, adequate preparation, and knowledge of relevant laws and
procedures.
9. Civility in Advocacy: Advocates should maintain a civil and professional
demeanor when interacting with opposing counsel and parties. They should
avoid unnecessary confrontations and inflammatory rhetoric.
10.Duty to Avoid Frivolous Litigation: Lawyers should not initiate or pursue
frivolous or vexatious litigation. Frivolous lawsuits can waste the court's time
and resources.
11.Confidentiality and Privilege: While lawyers owe a duty of confidentiality to
their clients, they must also respect the confidentiality of court proceedings
and documents. They should not disclose confidential court information
without proper authorization.
12.Cooperation with Opposing Counsel: Lawyers are encouraged to cooperate
with opposing counsel to expedite proceedings and reduce unnecessary
conflicts.
Overall, the duty of an advocate towards the court is grounded in the principles of
professionalism, integrity, and a commitment to the fair and just resolution of legal
disputes. Upholding this duty is essential for the effective functioning of the legal
system and the maintenance of public trust in the legal profession.

 Preparation of a case and fees of an Advocate (6mrks)

The preparation of a legal case and the fees charged by an advocate can vary
widely depending on several factors, including the complexity of the case, the
jurisdiction, the experience and reputation of the advocate, and the nature of
the legal services required. Here are some key considerations:
Initial Consultation: Many advocates offer an initial consultation for free or at
a reduced fee to discuss the case and assess its merits. During this
consultation, you can discuss your legal needs and get an estimate of the
potential fees.

Case Assessment: After the initial consultation, the advocate will assess the
case's complexity and determine the legal services needed. This assessment
may include research, reviewing documents, interviewing witnesses, and
more.

Fee Structure: Advocates typically charge fees using one or a combination of

the following fee structures:

Hourly Rate: Advocates often charge an hourly rate for their services. The rate
can vary significantly depending on the advocate's experience and location.
More experienced advocates generally charge higher hourly rates.

Flat Fee: Some cases, especially routine legal matters like drafting contracts or
wills, may be charged a flat fee. This means you pay a predetermined amount
for the entire case.

Contingency Fee: In certain types of cases, such as personal injury or some

employment law cases, advocates may work on a contingency fee basis. This
means they only get paid if they win the case, usually taking a percentage
(often around 33-40%) of the settlement or judgment.

Retainer Fee: In some cases, you may be asked to pay an upfront retainer fee,
which is essentially a deposit against future legal services. The advocate bills
against this retainer as they work on your case.

Additional Costs: In addition to the advocate's fees, you may be responsible

for other costs related to your case, such as court filing fees, expert witness
fees, document retrieval fees, and more. It's essential to clarify with your
advocate which costs are included in their fee and which are separate.

Billing and Invoicing: Advocates typically provide detailed invoices that

outline the work they have done on your case and the associated charges. You
should review these invoices carefully and seek clarification if needed.

Negotiation: Depending on the complexity of the case and your advocate's

negotiation skills, they may be able to negotiate fees or payment
 arrangements. It's essential to have a clear fee agreement in writing to avoid
misunderstandings later.

Payment Arrangements: Discuss payment arrangements with your advocate.

Some advocates may require payment upfront, while others may allow for
payment plans or other arrangements.

Legal Aid and Pro Bono: In some cases, individuals who cannot afford legal
representation may be eligible for legal aid services or pro bono (free)
representation from advocates or legal clinics.

Remember that legal fees can vary widely, and it's crucial to have a
transparent discussion about fees and payment expectations with your
advocate before engaging their services. Make sure to ask for a written fee
agreement outlining the terms and conditions of your legal representation to
avoid disputes later on. Legal ethics and regulations also vary by jurisdiction,
so it's essential to understand the rules and guidelines that apply to your
specific situation.

 under – cutting

"Under-cutting" in the context of professional ethics refers to the practice of offering

goods or services at a significantly lower price than competitors in the same
industry or profession. This can be problematic in various professional fields,
including law, medicine, accounting, and others. Here's a more detailed explanation
of under-cutting in professional ethics:

1. Unfair Competition: Under-cutting can create an unfair competitive

advantage for the individual or business that engages in it. By offering lower
prices, they may attract clients or customers away from competitors who
charge higher fees for similar services.
2. Quality and Ethics: Under-cutting can lead to questions about the quality and
ethics of the goods or services being offered at a lower price. Clients or
customers may wonder whether the lower cost is a result of cutting corners,
using substandard materials, or providing lower-quality services.
3. Sustainability: In some cases, under-cutting may not be sustainable in the
long run. Professionals who consistently under-cut their prices may find it
difficult to cover their costs and maintain a viable business. This can lead to
 financial instability and potentially harm clients who are left without the
support they need if the professional goes out of business.
4. Conflict with Professional Standards: Many professional organizations and
licensing bodies have ethical codes and standards that members must adhere
to. These codes often include provisions about fair pricing, honesty in
advertising, and providing services of a certain quality. Under-cutting can be
seen as a violation of these standards.
5. Diminished Reputation: Engaging in under-cutting can harm a professional's
reputation in the industry. Competitors and colleagues may view the practice
as unethical, and clients may be skeptical of professionals who consistently
offer prices that seem too good to be true.
6. Impact on Industry Standards: Persistent under-cutting can erode industry
standards for pricing. If clients come to expect unrealistically low prices, it can
become difficult for professionals to charge fair rates that cover their costs and
allow for a reasonable profit.

To address these ethical concerns, professional organizations often have guidelines

in place to discourage under-cutting and maintain ethical pricing practices within
their respective industries. These guidelines may include recommendations for fair
and transparent pricing, providing high-quality services, and avoiding deceptive
advertising.

Professionals are encouraged to consider the ethical implications of their pricing

strategies and to compete based on the value they provide rather than engaging in a
race to the bottom in terms of pricing. Ethical behavior and maintaining professional
standards are essential for the long-term success and integrity of any profession.

 Bar against soliciting work and advertisement (5mrks)

In the legal profession, there are ethical rules and guidelines that restrict the
solicitation of work and advertising by attorneys. These rules are in place to
maintain the integrity of the legal profession, protect clients, and ensure that
attorneys do not engage in unethical or misleading practices when seeking
clients or promoting their services. These rules may vary by jurisdiction, but
they are generally guided by principles set forth by professional
organizations, such as the American Bar Association in the United States.

Here are some common rules and principles related to the bar against
soliciting work and advertising by attorneys:
Prohibition of In-Person Solicitation: Many jurisdictions prohibit attorneys
from making in-person, unsolicited contact with potential clients for the
purpose of soliciting legal services. This includes approaches made by the
attorney or their representatives, such as runners or cappers.

Advertising Regulations: Attorneys are typically allowed to advertise their

legal services, but there are rules governing the content and format of
advertisements. These rules often require advertisements to be accurate, not
misleading, and not making unjustified comparisons to other attorneys.
Additionally, they may require disclaimers, such as "Advertising Material" or
"Attorney Advertising," to distinguish promotional materials from legal
advice.

Client Confidentiality: Attorneys must maintain client confidentiality, and this

extends to their advertising and solicitation practices. They cannot disclose
client information without the client's informed consent.

Avoiding False or Misleading Statements: Attorneys are prohibited from

making false or misleading statements in their advertising, including false
claims of expertise, results, or guarantees of outcomes.

No Unauthorized Practice of Law: Attorneys should not engage in the

unauthorized practice of law, which includes practicing law in jurisdictions
where they are not licensed.

Contingent Fee Agreements: If attorneys advertise their services on a

contingent fee basis (where they only get paid if the client wins the case), they
must comply with specific rules related to fee agreements and disclosures.

Avoiding Undue Influence: Attorneys should avoid exerting undue influence

or pressure on potential clients when soliciting work. Clients should be given
the opportunity to make informed decisions about hiring an attorney without
feeling coerced.

Regulation by Professional Organizations: Attorneys are subject to the rules

and regulations of their respective state or national bar associations. Violations
of these rules can lead to disciplinary actions, including sanctions or
disbarment.

It's important for attorneys to be aware of and adhere to these ethical rules
and guidelines when it comes to soliciting work and advertising their services.
Violations can result in disciplinary actions, damage to a lawyer's reputation,
 and even legal consequences. Clients, in turn, can benefit from these rules by
being better protected against unethical or misleading practices by attorneys.

 Bar against touting (6mrks)

The term "touting" in the legal profession typically refers to the unethical
practice of personally soliciting clients or cases, often aggressively, by an
attorney or someone acting on behalf of the attorney. Touting is generally
considered unprofessional and is subject to ethical regulations and rules in
many jurisdictions. The rules against touting aim to maintain the integrity of
the legal profession, protect clients, and ensure that attorneys do not engage in
unethical or coercive practices to attract clients

 refusal of briefs

The refusal of briefs, also known as declining representation or declining a

case, occurs when an attorney decides not to accept a potential client's case or
representation for various reasons. Attorneys have the discretion to decline
cases, but they must do so in a manner that complies with ethical rules and
regulations. Here are some common reasons why an attorney might refuse to
accept a brief:
1. Conflict of Interest: One of the most common reasons for refusing a brief is a
conflict of interest. If representing the client would create a conflict with the
attorney's existing clients or their own personal interests, they are ethically
obligated to decline the representation.
2. Lack of Expertise: Attorneys have a professional duty to provide competent
legal representation. If they do not have the necessary expertise or experience
to handle a particular type of case, they should decline it to avoid potentially
harming the client's interests.
3. Unrealistic Expectations: If a potential client has unrealistic expectations
about the outcome of their case or is requesting unethical or illegal actions, an
attorney may choose to decline representation.
4. Inability to Dedicate Sufficient Time: Attorneys must be able to devote
adequate time and attention to each client's case. If they are already
 overwhelmed with existing cases or commitments, they may decline
additional representation to avoid compromising the quality of their services.
5. Financial Conflicts: A potential client's inability to pay the attorney's fees or
expenses may lead to a refusal of representation. However, attorneys should
consider pro bono or reduced-fee options for clients in financial need.
6. Personal Safety Concerns: If accepting a case poses a risk to the attorney's
personal safety, they may decline representation. This is especially relevant in
criminal cases involving dangerous individuals.
7. Violation of Ethical Rules: If the client's case involves illegal or unethical
activities, attorneys are generally prohibited from representing them. They
cannot assist in or promote illegal actions.
8. Moral or Ethical Conflicts: An attorney may refuse representation if the
client's case conflicts with their personal morals or ethics, even if it doesn't
violate any specific legal or ethical rules.
9. Already Representing Opposing Parties: If an attorney is already
representing clients whose interests are directly adverse to the potential
client's interests, they may decline the new representation to avoid a conflict of
interest.

 accountability to the client (6mrks)

Accountability to the client is a fundamental ethical and professional

responsibility for attorneys and other professionals who provide services to
clients. It encompasses a range of duties and obligations aimed at ensuring
that the client's interests are prioritized and protected throughout the
attorney-client relationship. Here are some key aspects of accountability to the
client:
1. Fiduciary Duty: Attorneys owe a fiduciary duty to their clients, which means
they must act in the best interests of the client and put the client's interests
ahead of their own. This includes providing competent representation,
maintaining confidentiality, and avoiding conflicts of interest.
2. Competent Representation: Attorneys have a duty to provide competent legal
representation to their clients. This means they must possess the knowledge,
skills, and experience necessary to handle the client's case effectively. If an
attorney lacks competence in a particular area of law, they should either
acquire the necessary expertise or decline the representation.
3. Communication: Attorneys are responsible for maintaining open and honest
communication with their clients. They must keep clients informed about the
status of their case, provide legal advice and information, and promptly
respond to client inquiries.
4. Confidentiality: Attorneys must maintain the confidentiality of client
information and communications. This duty extends beyond the duration of
 the attorney-client relationship and helps ensure that clients can trust their
attorneys with sensitive information.
5. Conflict of Interest: Attorneys must identify and address any conflicts of
interest that may arise during the representation. They cannot represent
clients if doing so would create a conflict between the client's interests and
those of another client or the attorney.
6. Diligence: Attorneys are expected to work diligently on behalf of their clients.
This includes conducting thorough legal research, preparing and filing
documents in a timely manner, and advocating zealously for the client's
rights.
7. Honesty and Candor: Attorneys must be honest and candid with their clients,
providing accurate information about the strengths and weaknesses of the
client's case, potential outcomes, and the costs associated with legal
representation.
8. Billing and Fees: Attorneys should be transparent about their fee structures,
provide detailed billing statements, and charge reasonable fees for their
services. They should also avoid overbilling or engaging in unethical billing
practices.
9. Zealous Advocacy: While attorneys have a duty to act in the best interests of
their clients, they must do so within the bounds of the law and ethical rules.
Zealous advocacy does not permit unethical or illegal actions.
10.Withdrawal from Representation: Attorneys may withdraw from
representation in certain circumstances, but they must do so in a manner
consistent with ethical rules, and they should take steps to protect the client's
interests when terminating the relationship.
11.Client's Autonomy: Attorneys must respect their clients' autonomy and
decisions regarding the direction of their cases. While attorneys provide legal
advice, the final decisions about how to proceed are typically made by the
client.
Accountability to the client is a cornerstone of the attorney-client relationship
and the legal profession as a whole. Attorneys who fail to uphold their ethical
obligations can face disciplinary action, including sanctions or disbarment,
and may also be subject to civil liability for malpractice. Maintaining a high
standard of accountability is essential for building trust and ensuring that
clients receive the best possible legal representation.

 Study of code of Ethics prepared by the Bar Council of India

 The BCI has formulated a comprehensive "Code of Ethics" for advocates,
which serves as a guiding document for legal practitioners in India. Below, I'll
provide an overview of the key elements and principles found in the Code of
Ethics prepared by the Bar Council of India:
1. Duty to the Court: Advocates are expected to uphold the dignity and integrity
of the legal profession. They must maintain a respectful and courteous
demeanor in court and cooperate with the court in the administration of
justice.
2. Duty to the Client: Advocates have a duty to represent their clients to the best
of their abilities, maintain client confidentiality, and act in the best interests of
the client. They must provide honest and candid legal advice to clients.
3. Duty to Maintain Confidentiality: Advocates are bound by strict rules of
confidentiality. They must not disclose information about their clients' cases or
matters without the client's informed consent or unless otherwise required by
law.
4. Conflicts of Interest: Advocates must avoid conflicts of interest between their
clients and themselves or their other clients. They should not represent clients
whose interests are directly adverse to one another without informed consent.
5. Prohibition of Barratry and Champerty: Advocates are prohibited from
engaging in barratry (excessive or vexatious litigation) and champerty
(providing financial assistance to a client's litigation in exchange for a share of
the proceeds).
6. Refusal of Briefs: Advocates may refuse to accept a brief or representation if
there is a conflict of interest, if they lack competence in the matter, or for other
ethical reasons. However, they should do so professionally and without
causing prejudice to the client.
7. Fairness and Honesty in Advocacy: Advocates are expected to maintain the
highest standards of fairness and honesty in their advocacy. They should not
mislead the court, opponents, or clients, and they should not suppress or
tamper with evidence.
8. Fees and Professional Charges: Advocates should charge fees that are fair
and reasonable for their services. They should maintain transparency in fee
arrangements and provide clients with written fee agreements.
9. Avoiding Misconduct: Advocates must avoid any form of professional
misconduct, including acts that bring disrepute to the profession, such as
engaging in fraudulent activities or unethical behavior.
10.Continuing Legal Education: Advocates are encouraged to engage in
continuing legal education to enhance their knowledge and skills and to stay
updated on legal developments.
11.Public Confidence: Advocates should conduct themselves in a manner that
promotes public confidence in the legal profession. They should strive to
maintain the highest ethical standards.
12.Disciplinary Proceedings: The Code of Ethics outlines the procedures for
disciplinary actions against advocates who breach ethical rules. It provides for
penalties ranging from warnings and fines to suspension or removal from the
roll of advocates

 client
A "client" typically refers to an individual or entity that seeks and retains the
services of a professional, such as a lawyer, doctor, accountant, consultant, or
other service provider. Clients engage professionals to receive expertise,
advice, assistance, or specific services in a particular area of expertise or
profession.

 opponent
In legal proceedings, such as court cases or litigation, the term "opponent"
typically refers to the opposing party or parties involved in a legal dispute.
Each side in a legal case has its own set of interests, claims, or arguments, and
they are often represented by attorneys who advocate for their respective
clients.

 Duty towards the society of advocate

Advocates, as legal professionals, have ethical and professional duties

towards society that go beyond their responsibilities to their individual clients.
These broader duties are essential for upholding the rule of law, ensuring
access to justice, and promoting the ethical practice of law. Here are some key
aspects of an advocate's duty towards society:
1. Promotion of Justice: Advocates have a duty to promote justice in society.
This includes advocating for fairness, equity, and the protection of individual
rights within the legal system. They should work to ensure that justice is
accessible to all, regardless of their socio-economic status.
2. Pro Bono Services: Advocates are encouraged to provide pro bono (free or
reduced-fee) legal services to individuals and organizations in need,
particularly those who cannot afford legal representation. This helps bridge
the justice gap and ensures that vulnerable populations have access to legal
assistance.
3. Legal Education and Outreach: Advocates can contribute to society by
participating in legal education and community outreach programs. This may
 involve conducting legal workshops, seminars, or awareness campaigns to
educate the public about their legal rights and responsibilities.
4. Public Interest Litigation: Advocates can initiate public interest litigation
(PIL) cases to address systemic issues or injustices that affect society as a
whole. PILs can lead to positive changes in law and policy, benefiting the
broader community.
5. Upholding Ethical Standards: Advocates have a duty to maintain the highest
ethical standards in their practice. Ethical conduct by lawyers helps maintain
public trust in the legal profession and the justice system.

 Client counselling (6mrks)

Client counselling is a critical aspect of the legal profession, where attorneys

interact with their clients to provide legal advice, guidance, and support. The
goal of client counseling is to help clients understand their legal rights and
options, make informed decisions, and navigate the legal system effectively.
Here are key aspects of client counseling:
1. Establishing Trust and Rapport: Effective client counseling begins with
building trust and rapport. Attorneys should create a safe and comfortable
environment for clients to discuss their concerns openly.
2. Active Listening: Attorneys must actively listen to clients to understand their
needs, objectives, and the details of their legal issues. This involves giving
clients their full attention and asking clarifying questions.
3. Empathy and Compassion: Demonstrating empathy and compassion is
crucial in client counseling. Clients often face emotional or challenging
situations, and attorneys should show understanding and support.
4. Assessing Legal Issues: Attorneys analyze the legal issues presented by the
client and provide an initial assessment of the strengths and weaknesses of the
case. They may discuss potential legal strategies.
5. Education: Attorneys educate clients about relevant laws, regulations, and
legal procedures. They explain the potential consequences of different courses
of action and provide information to help clients make informed decisions.
6. Options and Alternatives: Attorneys present various legal options and
alternatives available to the client. This may include negotiation, mediation,
arbitration, or litigation
 seven lamps of advocacy (6mrks)
The "Seven Lamps of Advocacy" is not a widely recognized legal doctrine or
formal legal term. It is not a part of standard legal principles or a specific
framework for legal practice. However, if you are looking for a metaphorical
or inspirational reference to the qualities and attributes that a skilled advocate
should possess, you may consider the following:
1. Diligence: An effective advocate should be diligent in their work, putting in
the time and effort to thoroughly research and understand the legal issues
involved in a case. Diligence also applies to the preparation of arguments and
the presentation of evidence.
2. Knowledge: Advocates should have a deep knowledge of the law, legal
precedents, and case facts. They must be well-versed in the relevant legal
principles and statutes to make compelling arguments.
3. Integrity: Advocates are expected to uphold the highest standards of integrity
and ethics. This includes maintaining honesty in their dealings with clients,
opponents, and the court.
4. Courage: Advocacy often requires taking a stand on contentious issues.
Advocates need the courage to present their case fearlessly and advocate for
their clients' rights.
5. Independence: An advocate's duty is to the client and the court, and they
should remain independent of any undue influence or external pressures. This
means they should represent their clients zealously while adhering to the rules
of professional conduct.
6. Judgment: Advocates must exercise good judgment in making strategic
decisions during legal proceedings. This involves knowing when to litigate,
negotiate, or settle, and choosing the most effective legal tactics.
7. Courtesy: Demonstrating courtesy and respect to the court, opposing counsel,
and all parties involved in legal proceedings is essential. Maintaining
professionalism and civility in interactions is vital for the effective practice of
law.
While these "lamps" may not form an established legal doctrine, they serve as
a reminder of the qualities and values that are often associated with the role of
an advocate. Effective advocacy is not just about legal knowledge and skills; it
also involves ethical conduct and professionalism. Advocates are expected to
serve their clients' interests while upholding the principles of justice and the
rule of law.