Legal Ethics: Advocate’s Conduct With Regard To The Public

A lawyer’s conduct with regard to the public generally is a crucial aspect in the legal profession. Rules 168 to 175-B of the Canons of Professional Conduct and Etiquette outline the guidelines for lawyers to follow when interacting with the public. These rules aim to ensure that lawyers maintain the high standards of the profession. There conduct, developing confidence and trust in the legal system.

Now we will discuss these laws in detail. We will try to find out what these laws state, as well as their objective. We will also examine the possible consequences if a lawyer violates these rules.

Urdu Table: Advocate’s Conduct with the Public – Key Points

This table explains the main points of these rules in Urdu.

Rule 168 – Employment for Harassment:

• An advocate shall not accept employment to prosecute or defend a case:
  ➥ Out of spite
  ➥ For the purpose of harassing anyone
  ➥ For delaying any matter
• An advocate shall not take or prosecute an appeal:
  ➥ Wilfully motivated to harass anyone
  ➥ To delay any matter

Rule 169 – Fair Treatment of Adverse Parties:

• An advocate should treat adverse witnesses and parties
  ➥ With fairness and due consideration
• An advocate should never
  ➥ Minister to the malevolence or prejudices of a client
• A client has no right to demand that an advocate
  ➥ Abuse the opposite party
  ➥ Indulge in offensive arguments

Rule 170: Advocate’s Duty in Civil Cases and Defense

• Advocate must decline conducting a case when:
  ➥ Convinced it aims solely to harass, injure, or oppress the opposing party.
• Advocate’s duty upon accepting a retainer:
  ➥ Insist on the Court’s judgment on the legal merits of the client’s case.
• Advocate’s appearance in Court implies:
  ➥ Assertion on advocate’s honour that the client’s case is suitable for judicial determination.

Rule 171 – Right to Decline Professional Employment:

• An advocate is not obligated to act as adviser or advocate for every person
  ➥ He has the right to decline professional employment
• An advocate upon his own responsibility must decide independently
  ➥ What business to accept as an advocate
  ➥ What cause to bring to Court for plaintiffs
  ➥ What cases to contest in Court for defendants

Rule 172 – Prohibition on Disloyal or Corrupt Services:

• No client, corporate or individual, is entitled to receive any service involving:
  ➥ Disloyalty to the law
  ➥ Disrespect for judicial office
  ➥ Corruption of any public or private office
  ➥ Deception or betrayal of the public
• An advocate should aim to:
  ➥ Uphold the honour of the profession
  ➥ Promote strict compliance with moral and statute law
• An advocate is free to advise on the validity and interpretation of a statute until final adjudication

Rule 173 – Disclosure of Advocate Status in Communication:

• An advocate shall not communicate with:
  ➥ A public officer
  ➥ A board
  ➥ A committee or a body
• In his professional capacity without first disclosing:
  ➥ That he is an advocate
  ➥ The interests he represents that may be affected by the actions of such officer, board, committee, or body

Rule 174 – Restrictions on Accepting Employment:

• An advocate should not accept employment:
  ➥ In any matter upon which he has previously acted in a judicial capacity
• An advocate who has held public office or been in public employment should not accept employment:
  ➥ In connection with any matter he has investigated or dealt with while in such office
  ➥ Except in support of the matter

Rule 174-A – Prohibition on Using Previous Designations:

• No advocate will use:
  ➥ Any previous designation or post such as “Retired Justice,” “Ex Judge,” “Retired General,” “Ex Attorney-General,” or “Ex Advocate-General”
• This prohibition applies to:
  ➥ Use as a prefix or suffix
  ➥ Letter-heads, name plates, sign boards, visiting cards, or in any form
• This restriction is applicable during:
  ➥ The period of practice as an advocate at any time

Rule 174-B – Size Restriction for Name Plates:

• No advocate shall display:
  ➥ His name on the name plate or board
• The size of the name plate or board must not exceed:
  ➥ 1½’ x 2′
• This restriction applies to:
  ➥ All locations, outside the office or anywhere else

Rule 175 – Prohibition on Engaging in Other Professions:

• An advocate shall not:
  ➥ Join or carry on any other profession, business, service, or vocation
  ➥ Be an active partner or a salaried official or servant in:
  ➣ Government
  ➣ Semi-Government or autonomous bodies
  ➣ Any other organization or institution, public or private
• Violation of sub-rule (1) by an advocate shall:
  ➥ Entail consequences as provided in Rule 108-O

Rule 175-A – Professional Misconduct:

• Non-observance or violation of the canons of professional conduct and etiquette by an advocate shall be:
  ➥ Deemed professional misconduct
  ➥ Making him liable for disciplinary action

Rule 175-B – Gross Professional Misconduct:

• Non-observance or defiance of decisions/instructions of the Pakistan Bar Council by:
  ➥ Any Bar Council
  ➥ Bar Association
  ➥ Any Member of the Bar/Advocate
  ➥ Shall be deemed gross professional misconduct

Mock Test: Advocate’s Conduct with the Public – Test Your Knowledge

Read Also:  Advocate’s Duty to the Court under Rules 159 to 167