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  • Thursday, 19 September 2024
Professional Conduct: Advocates' Rules Under Pakistan Legal Practitioners & Bar Councils Rules, 1976

Professional Conduct: Advocates' Rules Under Pakistan Legal Practitioners & Bar Councils Rules, 1976

Explore the canons of professional conduct for advocates in Pakistan, focusing on Sections 134-158 of the Legal Practitioners & Bar Councils Rules, 1976. Uphold dignity, client interests, and ethical standards. In the intricate world of legal practice, maintaining the highest standards of professionalism and ethical conduct is imperative. The Pakistan Legal Practitioners & Bar Councils Rules, 1976, encapsulate a comprehensive set of guidelines, including the Canons of Professional Conduct and Etiquette of Advocates, ensuring the dignity and integrity of the legal profession. Conduct concerning Other Advocates: Rule 134: Upholding Professional Dignity Advocates are duty-bound to uphold the dignity and high standing of their profession. This not only reflects on the individual advocate but also contributes to the overall prestige of the legal community. Rule 135: Ethical Advertising Solicitation of professional employment through advertising is prohibited. However, advocates can utilize professional cards, nameplates, or directory listings that adhere to specified content limitations, emphasizing professional qualifications without verging into personal advertisement territory. Rule 136: Restriction on Employment Solicitation Advocates are prohibited from employing others for soliciting professional employment. Collaboration with unlicensed individuals and sharing compensation with them is strictly prohibited, maintaining the integrity of the legal profession. Rule 137: Communication Etiquette Advocates are prohibited from communicating about a controversial subject with a party represented by another advocate without the latter's consent. This ensures transparency and respect among legal practitioners. Rule 138: Communication with Judges Advocates is restricted from communicating with judges in the absence of opposing counsel, fostering transparency and fairness in legal proceedings. Rule 139: Client's Proffer of Assistance The acceptance or rejection of additional advocates should be left to the client's discretion, emphasizing the client's autonomy in legal matters. Rule 140: Professional Courtesy Advocates are encouraged to maintain professionalism and courtesy, avoiding personal clashes and indecent references during trials. Rule 141: Division of Fees Division of fees with another advocate is allowed based on the principle of division of work, promoting collaboration within the legal community. Rule 142: Order of Precedence Advocates are duty-bound to maintain the order of precedence as per the role of advocates maintained by the Bar Council, respecting constitutional usage and practice. Rule 143: Respect for Senior Members Junior members are expected to show respect to senior members, fostering a culture of mentorship and collaboration within the legal community. Rule 144: Case Leadership In cases with multiple advocates, the senior member has the right to lead the case, with junior members assisting as needed.   Conduct concerning Clients: Rule 145: Avoidance of Adverse Interests Advocates are prohibited from acquiring adverse interests in the property or matters related to a client's case. Rule 146: Non-acceptance of Adverse Employment An advocate shall not accept employment adverse to a client or former client if it involves confidential information obtained during prior engagements. Rule 147: Disclosure of Relations and Interests Before accepting professional employment, advocates must disclose any relations with the adverse party or interests in the subject matter. Rule 148: Avoidance of Conflicting Interests Advocates shall not represent conflicting interests, ensuring undivided loyalty to their clients. Rule 149: Restriction on Property Purchase Advocates are prohibited from purchasing property in cases they are handling, preventing conflicts of interest. Rule 150: Client Property Handling Advocates must not commingle client property with their own and promptly report the receipt of any client funds or property. Rule 151: Advising Prosecution or Defence Advocates should refrain from advising the commencement of prosecution or defence without consultation, promoting fair legal practices. Rule 152: Legal Advice Compliance Advocates shall not advise the violation of any law, with exceptions for advice given in good faith about the law's invalidity. Rule 153: Defence of Accused Persons Advocates have the right and duty to defend persons accused of crime, emphasizing the importance of fair representation. Rule 154: Fee Determination Guidelines In fixing fees, advocates should consider various factors, including time and labour, the novelty of questions, customary charges, and the character of employment. Rule 155: Controversies with Clients Advocates should avoid controversies with clients over compensation, resorting to legal action only when necessary to prevent injustice, imposition, or fraud. Rule 156: Advocates' Duty Advocates are reminded of their duty to discharge their professional responsibilities within the bounds of the law, promoting ethical conduct and justice. Rule 157: Advocates as Witness Advocates should avoid testifying in court on behalf of their clients, except for formal matters, promoting impartiality in legal proceedings. Rule 158: Generosity in Incidental Matters Advocates are encouraged to exercise generosity in incidental matters that do not affect the case's merits, fostering a sense of honour and propriety. In conclusion, adherence to the Pakistan Legal Practitioners & Bar Councils Rules, 1976, is crucial for advocates to navigate the complexities of legal practice with integrity and professionalism. These rules not only guide conduct within the legal community but also contribute to the overall trust and respect the legal profession commands. Source: https://pakistancode.gov.pk/pdffiles/administrator006d8e1bfde45871ddef6937f29faae7.pdf     

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