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1-Professional Ethics important mcqs
2-Professional Ethics important mcqs
some of the important rules from the “Canons of Professional Conduct and Etiquette of Advocates” in Pakistan:
Rule 134: Advocates must uphold the dignity and high standing of their profession.
Rule 135: Advocates shall not solicit professional employment through advertisements, but limited information about qualifications and public offices held may be published on professional cards or directories.
Rule 137: Advocates shall not communicate about a subject of controversy with a party represented by another advocate without the consent of that advocate.
B – Conduct with regard to Clients:
Rule 145: Advocates shall not acquire an interest adverse to a client in the property or interest involved in the case.
Rule 146: Advocates shall not accept employment adverse to a client or former client based on confidential information obtained during their employment.
Rule 148: Advocates shall not represent conflicting interests.
Rule 151: Advocates shall not advise the commencement of prosecution or defense unless they have been consulted.
Rule 153: Advocates must diligently defend a person accused of a crime, regardless of personal opinions about the accused’s guilt.
C – Duty to the Court:
Rule 159: Advocates must maintain a respectful attitude toward the court and support judges against unjust criticism and clamor.
Rule 160: Advocates shall not advise a person to avoid service of process or make their testimony unavailable.
Rule 161: Advocates shall not intentionally misquote testimonies, arguments, or legal sources before a judge or jury.
Rule 171: Advocates have the right to decline professional employment and must decide what cases they will accept.
175-A and 175-B:
Rule 175-A: Non-observance or violation of the canons of professional conduct and etiquette by an advocate may be deemed professional misconduct, leading to disciplinary action.
Rule 175-B: Non-observance or defiance of decisions/instructions of the Pakistan Bar Council by any Bar Council or Bar Association or any Member of the Bar/Advocate may be considered gross professional misconduct.
These rules provide essential guidance for advocates to maintain professionalism, uphold their clients’ interests, and ensure a fair and just legal system in Pakistan. It is crucial for advocates to adhere to these rules to foster public trust in the legal profession and maintain the integrity of the judicial process.
Conduct in Relation to Other Advocates:
- Uphold the honor and good standing of the legal profession and oneself as a member.
- Avoid seeking legal work through ads or other improper means.
- Obtain consent before discussing a case with an advocate representing the other party.
- Only address judges in open court and avoid writing to them without informing the opposing advocate.
- Promote cooperation and respect among fellow advocates.
Conduct in Relation to Clients:
- Show loyalty and fairness when dealing with clients.
- Don’t take cases with conflicting interests or against former clients with confidential information.
- Disclose any personal relationships or interests that may affect professional engagements.
- Provide legal advice that abides by the law and does not encourage its violation.
- Defend the accused zealously, regardless of personal beliefs.
Duty to the Court:
- Maintain a respectful attitude towards the court and its members.
- Avoid advising witnesses to evade service or withhold testimony.
- Present accurate information without misquoting or distorting facts, arguments, or laws.
- Work to preserve the independence of the judiciary from political influences.
Conduct in Relation to the Public:
- Refrain from engaging in other professions while practicing as an advocate.
- Be cautious in offering legal opinions or arguments when not officially engaged in a case.
- Treat adverse witnesses and parties with fairness, courtesy, and understanding.
- Uphold high moral and ethical standards, showing reverence for the law and gaining public trust.
The Canons of Professional Conduct and Etiquette of Advocates in Pakistan outline the ethical standards and principles that advocates must adhere to while practicing law. These rules are essential to maintain the dignity of the legal profession, uphold the integrity of the judicial system, and ensure fair and just representation for clients. Let’s explore these canons and their significance in promoting ethical behavior among advocates.
Section 1: Conduct with Regard to Other Advocates
1.1 Upholding Dignity and Reputation: Advocates are duty-bound to preserve the honor and high standing of their profession and maintain their own dignity as members thereof.
1.2 Solicitation of Professional Employment: Advocates shall not seek clients through advertisements or improper means. However, using professional cards and listings with limited information is permissible.
1.3 No Involvement of Unlicensed Persons: Advocates must not employ unlicensed individuals to solicit professional employment or share compensation with them. Such conduct is strictly prohibited.
1.4 Communication with Opposing Advocates: Advocates should not communicate with a party represented by another advocate without consent and in the absence of their opposing counsel.
Section 2: Conduct with Regard to Clients
2.1 Integrity and Loyalty: Advocates are obligated to act with honesty and loyalty towards their clients, avoiding any conflicts of interest that may compromise their representation.
2.2 Confidentiality: Advocates must maintain the confidentiality of client information acquired during the course of their representation.
2.3 Avoiding Adverse Employment: Advocates should not accept employment that goes against the interests of a current or former client, especially when they possess confidential information related to the matter.
2.4 No Conflicting Interests: Advocates shall not represent conflicting interests and must be transparent about any relationships or interests that may affect their professional engagement.
2.5 Prohibition on Unlawful Advice: Advocates must not advise clients to violate the law, except when good faith suggests that a particular law may be invalid.
Section 3: Duty to the Court
3.1 Respectful Attitude: Advocates are obliged to maintain a respectful attitude towards the court and its officers, supporting judges against unjust criticism.
3.2 Truthful Representations: Advocates should present accurate and truthful information to the court, avoiding misquoting facts, witness testimony, or legal precedents.
3.3 Avoiding Witness Evasion: Advocates must not advise witnesses to evade service or conceal themselves.
Section 4: Conduct in Relation to the Public
4.1 Full Dedication to Legal Profession: Advocates are encouraged to focus solely on their legal practice and not engage in other professions.
4.2 Legal Opinions with Responsibility: Advocates should refrain from offering legal opinions in cases they are not engaged in, except when called upon by a judge.
4.3 Fair Treatment of Adverse Parties: Advocates must treat adverse witnesses and parties with fairness, refraining from abusive or offensive conduct.
Conclusion: The Canons of Professional Conduct and Etiquette of Advocates in Pakistan play a vital role in ensuring ethical behavior among legal practitioners. Upholding these standards fosters public trust in the legal profession, promotes a just judicial system, and guarantees fair representation for clients. By adhering to these canons, advocates contribute to the administration of justice and the rule of law in Pakistan, strengthening the integrity of the legal system.
Very useful notes for advocates.
VERY HELPFUL
Commendable effort to benefit and encourage the new-comers, excellent and in-valuable service.