CAP. 320, LEGAL PROFESSION ACT- SUBSIDIARY LAW BELIZE
LEGAL PROFESSION ACT CHAPTER 320
REVISED EDITION 2003 SHOWING THE SUBSIDIARY LAWS AS AT 31ST OCTOBER, 2003
This is a revised edition of the Subsidiary Laws, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Substantive Laws of Belize, Revised Edition 2000.
ARRANGEMENT OF SUBSIDIARY LAWS
BELIZE
LEGAL PROFESSION ACT CHAPTER 320
REVISED EDITION 2003 SHOWING THE SUBSIDIARY LAWS AS AT 31ST OCTOBER, 2003
This is a revised edition of the Subsidiary Laws, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Substantive Laws of Belize, Revised Edition 2000.
This edition contains a consolidation of the following laws- Page
1. LEGAL PROFESSION (PRACTISING CERTIFICATE) (PRESCRIBED FEE) REGULATIONS
2. LEGAL PROFESSION (CODE OF CONDUCT) RULES
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CHAPTER 320
LEGAL PROFESSION (PRACTISING CERTIFICATE) (PRESCRIBED FEE) REGULATIONS
ARRANGEMENT OF REGULATIONS
1. Short title.
2. Prescribed fee for Practising Certificate.
3. Commencement.
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CHAPTER 320
LEGAL PROFESSION (PRACTISING CERTIFICATE) (PRESCRIBED FEE) REGULATION
(Section 11)
[15th January, 2000.]
1. These Regulations may be cited as the
LEGAL PROFESSION (PRACTISING CERTIFICATE) (PRESCRIBED FEE) REGULATIONS.
2. (1) Subject to subregulation (2) below, the fee to be paid for the issue of a Practising Certificate pursuant to section 11 of the Legal Profession Act shall be and is hereby prescribed to be five hundred dollars.
(2) The fee referred to in subregulation (1) above shall not be payable by an attorney-at-law during his first year of private legal practise.
3. These Regulations shall come into force on the 11th day of January, 2000.
MADE by the Attorney General this 11th day of January, 2000.
(GODFREY SMITH) Attorney General
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4 of 2000. Ch. 250.
Short title.
Prescribed fee for Practising Certificate. CAP. 320.
Commencement.
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CHAPTER 320
LEGAL PROFESSION (CODE OF CONDUCT) RULES
ARRANGEMENT OF RULES
PART I
PRELIMINARY
1. Short title. 2. Interpretation. 3. Observance of Code of Conduct.
PART II
IN RELATION TO THE PROFESSION AND HIMSELF
Rules 4 to 15.
PART III
IN RELATION TO THE STATE AND THE PUBLIC
Rules 16 to 21.
PART IV
IN RELATION TO CLIENTS
Rules 22 to 37.
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PART V
IN RELATION TO THE COURTS AND THE ADMINISTRATION OF JUSTICE
Rules 38 to 42.
PART VI
IN RELATION TO HIS FELLOW ATTORNEYS
Rules 43 to 52.
PART VII
MANDATORY PROVISIONS AND SPECIAL PROHIBITIONS
Rules 53 to 86.
PART VIII
DISCIPLINARY PROCEEDINGS
Rules 87 to 102.
APPENDIX
FORM 1
Form of Application Against at Attorney.
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FORM 2
Form of Affidavit by Applicant.
FORM 3
Form of Notice by Council to Applicant.
FORM 4
Form of Notice by Council to Attorney.
FORM 5
Form of Summons by Council to Witness.
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CHAPTER 320
LEGAL PROFESSION (CODE OF CONDUCT) RULES (Section 18)
[23rd March, 1991.]
PART I
PRELIMINARY
1. These Rules may be cited as the
LEGAL PROFESSION (CODE OF CONDUCT) RULES.
2. In these Rules, unless the context otherwise requires-
(a) a reference to an attorney is a reference to an “attorney-at-law” or “attorney” as defined in the Act;
(b) “Court” means the Supreme Court, the Court of Appeal, the Family Court, a summary jurisdiction court, a district court or any other court which is or may be established by law;
(c) “Secretary” means the Secretary of the Bar Association of Belize or such other person as may be appointed by the Council as its Secretary;
(d) “tribunal” includes the General Legal Council;
(e) other terms and expressions used herein shall have
42 of 1991. Ch. 250.
Short title.
Interpretation.
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the same respective meanings as in the Act.
3. (1) Every attorney shall in the pursuit of the practice of his profession comply with, and be subject to, these Rules.
(2) These Rules shall not be construed as a denial of the existence of other duties and rules of professional conduct which are in keeping with the traditions of the Legal Profession, though not specifically mentioned herein.
(3) Where in any particular matter explicit ethical guidance does not exist, an attorney shall determine his conduct by acting in a manner that promotes public confidence in the integrity and efficiency of the legal system and the legal profession.
PART II
IN RELATION TO THE PROFESSION AND HIMSELF
4. (1) An attorney shall uphold at all times the standards set out in these Rules.
(2) An attorney shall maintain his integrity and the honour and dignity of the legal profession and of his own standing as a member of it and shall encourage other attorneys to act similarly both in the practice of his profession and in his private life and shall refrain from conduct which is detrimental to the profession or which may tend to discredit it:
Provided that the Council will not normally be concerned with the purely private or extra-professional activities of an attorney which do not bring his professional integrity or competence into question.
5. (1) An attorney shall scrupulously preserve his independence of judgment in the discharge of his professional duties.
Observance of Code of conduct.
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(2) An attorney practising on his own account or in partnership shall not engage in any other business or occupation if in doing so may cause him to have a conflict of interest.
6. An attorney shall protect the profession against the admission thereto of any person who is unfit for such admission.
7. (1) An attorney shall not endeavour by direct or indirect means to attract the clients of another attorney, and where one attorney refers a client to another attorney, the client remains for all other purposes the client of the referring attorney and the attorney to whom the client is referred shall act with due deference to the relationship between the client and the referring attorney.
(2) Where a referred client offers other work to the attorney to whom he was referred and the offer is sufficiently proximate in time to the referral, that attorney shall not accept that ‘offer unless it has been brought to the attention of the referring attorney.
8. An attorney may speak in public or write for publication on legal topics provided that he does not thereby emphasize his own professional competence.
9. The best advertisement for an attorney is the establishment of a well-merited reputation for personal integrity, capacity, dedication to work and fidelity to trust, and it is unprofessional for an attorney -
(a) to solicit business by circulars or advertisements or interviews not warranted by personal relations;
(b) to seek retainers through agents of any kind.
10. An attorney shall defend the interests of his client without fear of judicial disfavour or public unpopularity and without regard to any unpleasant consequences to himself or to any other person.
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11. An attorney is obliged to act, either as adviser or advocate in the field in which he proposes to practise, for every person who may wish to become his client on payment of the proper professional fee charged in accordance with Rule 65. Special circumstances such as a conflict of interest or the possession of relevant and confidential information may justify his refusal to accept a particular employment.
12. No client is entitled to receive, nor should any attorney render, any service or advice involving disloyalty to the State or disrespect for judicial office or the corruption of any persons exercising a public or private trust, or involving deception or betrayal of the public.
13. Every attorney should bear in mind that the oath of office taken on his admission to practise is not a mere formality but is a solemn undertaking to be strictly observed on his part.
14. Every attorney should also bear in mind that he can only maintain the high traditions of his profession by being a person of high integrity and dignity.
15. An attorney appearing before the Court shall at all times be attired in such manner as may be prescribed or agreed by the proper authorities and as may befit the dignity of the Court.
PART III
IN RELATION TO THE STATE AND THE PUBLIC
16. An attorney owes a duty to the State to maintain its integrity, its constitution and its 1aws and not to aid, abet, counsel or assist anyone ‘to act in any way contrary to those laws.
17. When engaged as a public prosecutor the primary duty of an attorney is not to secure a conviction but to see that justice is done and to that end he shall not withhold facts tending to prove either the guilt or innocence of the
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accused.
18. An attorney shall endeavour by lawful means, where the needs of society require, to promote and encourage the modernization, simplification and reform of the laws.
19. An attorney shall not, by his actions, instigate strife or litigation by seeking out defects in titles, claims for personal injury or other causes of action for the purpose of securing a retainer to prosecute a claim therefor, or pay or reward any person directly or indirectly for the purpose of procuring him to be retained in his professional capacity, and where it is in the interest of his client, he shall seek to obtain reasonable settlements of disputes.
20. Where an attorney consents to undertake the provision of legal services and he is appointed by the Chief Justice or is requested by the Bar Association and consents to undertake the representation of a person unable to afford such representation or to obtain legal aid, the attorney shall not, except for good reasons, seek to be excused from undertaking such representation.
21. An attorney in undertaking the defence of persons accused of crime shall use all fair and reasonable means to present every defence available at law.
PART V
IN RELATION TO CLIENTS
22. (1) An attorney shall always act in the best interest of his client, represent him honestly, competently and zealously and endeavour by all fair and honourable means to obtain, for him the benefit of any and every remedy and defence which is authorised by law, steadfastly bearing in mind that the duties and responsibilities of the attorney are to be carried out within the bounds of the law.
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(2) The interests of his client and the exigencies of the administration of justice should always be the first concern of an attorney and rank before his right to compensation for his services.
23. (1) Before advising on a client’s cause an attorney should obtain full knowledge thereof and give a candid opinion of the merits or demerits and probable results of pending or contemplated litigation.
(2) An attorney should beware of proffering bold and confident assurances to his client (especially where employment may depend on such assurances) always bearing in mind that seldom are all the law and facts on the side of his client.
(3) Whenever the controversy admits of fair adjustment, an attorney should inform his client accordingly and advise him to avoid or settle litigation.
24. An attorney shall at the time of retainer disclose to his client all the circumstances of his relations to the parties and his interest in or in connection with the controversy (if any) which might influence the client in his selection of an attorney.
25. An attorney shall treat adverse witnesses, litigants, and other attorneys with fairness and courtesy refraining from all offensive personal references and shall avoid imparting to his professional duties his client’s personal feeling and prejudices.
26. It is the right and duty of an attorney to undertake the defence of a person accused of crime regardless of his own personal opinion as to the guilt of the accused and having undertaken such defence he is bound by all fair and honourable means to present every appropriate defence that the law of the land permits, so that no person may be deprived of life or liberty except by due process of the law.
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27. (1) An attorney may represent multiple clients only if he can adequately represent the interests of each and if each consents to such representation after full disclosure of the possible effects of multiple representation.
(2) In all situations where a possible conflict of interest arises, an attorney shall resolve all conflicts by leaning against multiple representation.
28. (1) An attorney shall deal with his client’s business with all due expedition and shall, whenever reasonably so required by the client, provide him with full information as to the progress of the client’s business.
(2) It is improper for an attorney to accept instructions in a matter unless he can handle it without undue delay.
29. Where an attorney determines that the interest of his client requires it, he may, with the specific or general consent of the client, refer his business or part of it to another attorney whether or not a member of his own firm.
30. (1) An attorney on the record may instruct one or more attorneys to appear as advocates.
(2) Senior Counsel shall be entitled to accept instructions, appear or do any work without a junior, unless by doing so he would be unable properly to carry out his instructions or conduct his case.
(3) Where more than one attorney appear as advocate for the same party in the same proceedings, who shall lead the conduct of that party’s case shall, subject to the instructions of the client be settled by the attorneys representing that party before they appear in court and shall not be altered during the course of the proceedings and the leader shall have all authority over the conduct of the case.
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31. An attorney including a Senior Counsel, who appears with the leader is entitled to negotiate with the leader a fee for his services.
32. (1) An attorney is entitled to reasonable compensation for his services but should avoid charges which either over-estimate or undervalue the service rendered.
(2) The ability of a client, to pay cannot justify a charge in excess of the value of the service rendered, though the client’s indigence may require a charge that is below such value or even no chance at all.
33. An attorney should avoid controversies with clients regarding compensation for his services as far as is compatible with self-respect and his right to receive reasonable compensation for his services.
34. The right of an attorney to ask for a retainer or to demand payment of out-of-pocket expenses and commitments, failing payment of which he may withdraw from the case or refuse to handle it, shall not be exercised where the client may be unable to find other assistance in time to prevent irreparable damage being done to his cause.
35. (1) Where an attorney engages a foreign attorney to advise on a case or to cooperate in handling it he is responsible for the payment of the latter’s charges except where there is express agreement to the contrary, but where an attorney directs a client to a foreign attorney he is not responsible for the payment of the latter’s charges, nor is he entitled to a share of the fee of the foreign attorney.
(2) Where a foreign attorney is retained to appear in a court in Belize he shall not so appear unless accompanied by an attorney ordinarily practising in Belize.
36. An attorney may at any time withdraw his services-
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(a) where the client fails, refuses, or neglects to carry out an agreement with, or his obligation to, the attorney as regards the expenses or fees payable by the client; or
(b) where his inability to work with colleagues or to advocate the case of his client i n court indicates that the best interest of the client is likely to be served by his withdrawal; or
(c) where his client freely assents to the termination of his services; or
(d) where by reasons of his mental or physical condition or other good and compelling reason it is difficult for him to carry out his services effectively; or
(e) in cases of conflict as contemplated in Rule 5 or Rule 27.
37. (1) An attorney should not appear as a witness for his own client except as to merely formal matters.
(2) Where an attorney is a necessary witness for his client with respect to matters other than such as are merely formal he should entrust the conduct of the case to another attorney of his client’s choice.
PART V
IN RELATION TO THE COURTS AND THE ADMINISTRATION OF JUSTICE
38. (1) An attorney shall maintain a respectful attitude towards the
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court and shall not engage in undignified or discourteous conduct which is degrading to the court.
(2) An attorney shall, encourage respect for the courts and the judges.
(3) An attorney shall support judges and magistrates against unjust criticisms.
(4) Where there is ground for complaint against a judge or magistrate, an attorney may make representation to the proper authorities and in such cases, the attorney shall be protected.
39. An attorney shall endeavour always to maintain his position as an advocate and shall not, either in argument to the court or in address to the jury, assert his personal belief in his client’s innocence or in the justice of his cause or his personal knowledge as to any of the facts involved in the matter under investigation.
40. An attorney should never seek privately to influence directly or indirectly the Judges of the Court in his favour or in the favour of his client, nor should he attempt to curry favour with juries by fawning, flattery or pretended solicitude for their personal comfort.
41. An attorney shall be punctual in attendance before the courts and concise and direct in the trial and disposition of causes.
42. An attorney shall expose without fear or favour before a proper tribunal, unprofessional or dishonest conduct by any other attorney and shall not normally refuse a retainer against another attorney who is alleged to have wronged his client or committed any other act of professional misconduct.
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PART VI
IN RELATION TO HIS FELLOW ATTORNEYS
43. (1) The conduct of an attorney towards his fellow attorneys shall be characterized by courtesy, fairness and good faith and he shall not permit ill-feeling between clients to affect his relationship with his colleagues.
(2) All personal conflicts between attorneys should be scrupulously avoided as should also colloquies between them which cause delay and promote unseemly wrangling.
44. (1) An attorney shall reply promptly to letters from other attorneys whether on behalf of their clients or on behalf of themselves.
(2) An attorney shall endeavour as far as is reasonable to suit the convenience of the opposing attorney when the interest of his client or the cause of justice will not be injured by so doing.
45. An attorney shall not give a professional undertaking that he cannot fulfill, and he shall fulfill every such undertaking that he gives.
46. There is a duty on every attorney to report improper or unprofessional conduct by another attorney, to the General Legal Council, save where the information relating to the improper or unprofessional conduct is received in professional confidence in which case he must respect the duty of silence imposed in such circumstances.
47. Where an attorney has been sent money, documents or other things by another attorney which, at the time of sending, are expressed to be sent only on basis that the attorney to whom they are sent will receive them on his undertaking to retain, from doing some act, the receiving attorney shall forthwith return whatever was sent if he is unable to accept them on such undertaking otherwise he must comply with the undertaking.
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48. An attorney shall not, in any way communicate upon a subject in controversy or attempt to negotiate or compromise a matter directly with any party represented by another attorney except through such other attorney or with his prior consent.
49. (1) An attorney shall not ignore the customs or practices of the legal profession even when the law expressly permits it, without giving timely notice to the opposing attorney.
(2) An attorney should avoid all sharp practices and should refrain from taking any paltry advantage when his opponent has made or overlooked some technical error or matter, bearing in mind that no client has a right to demand that an attorney representing him shall be illiberal or shall do anything repugnant to his own sense of honour and propriety.
50. (1) An attorney shall not accept instruction to act in Court proceedings in which to his knowledge the client has previously been represented by another attorney, unless he first notifies the other attorney of the change, and makes reasonable efforts to ensure that that attorney has been paid for his services, but shall be deemed to have notified the other attorney if he has made reasonable efforts to notify him.
(2) An attorney shall not accept instruction to act in proceedings (other than Court proceedings) in which to his knowledge another attorney has previously represented the client unless he makes reasonable efforts to ensure that, that attorney has been paid or that the client wishes both attorneys to represent him.
51. An attorney who instructs another attorney to act on behalf of his client shall, unless otherwise agreed, pay the proper fee of such attorney whether or not he has received payment from his client.
52. In undertaking to render assistance to a foreign attorney, an attorney shall bear in mind that his responsibility is much greater both when giving advice
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and handling a case, than it would be had he undertaken to assist a colleague in Belize.
PART VII
MANDATORY PROVISIONS AND SPECIFIC PROHIBITIONS
53. (1) An attorney shall not knowingly mislead the Court.
(2) An attorney shall not withhold facts or secrete witnesses in order to establish the guilt or innocence of the accused.
54. An attorney shall not hold out any person who is not qualified to practise law, as a partner, associate, consultant or attorney.
55. An attorney shall not solicit business or consent to become involved in a matter unless at the request of a party thereto, but it is proper for an attorney to become involved in matters referred by the Bar Association or by another attorney or for which he is engaged in any other manner not inconsistent with these Rules.
56. An attorney shall not in the carrying on of his practice or otherwise permit any act or thing which is likely or can reasonably be regarded as touting or advertising.
57. (1) An attorney shall not in any way make use of any form of advertisement calculated to attract clients to himself or any firm with which he is associated and he shall not permit, authorise, or encourage anyone to do so or reward anyone fordoing so on his behalf.
(2) An attorney shall not permit his professional standing to be used for the purpose of advertising any particular product, service or commercial organization.
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(3) An attorney shall not advertise indirectly by furnishing or inspiring newspaper comment concerning cases or causes in which an attorney has been or is connected or concerning the manner of their conduct, the magnitude of the interests involved, the important of the attorney’s position and any similar self-laudations. An attorney should be especially mindful of this Rule when he holds a position from which be can influence what is published in newspaper:
Provided however that:
(a) an attorney may permit limited and dignified identification of himself as an attorney
(i) in political advertisements relevant to the course of a political campaign or issue;
(ii) in public notices where the announcement of his professional status is required or authorised by law, or is reasonably necessary for a purpose other than the attraction of potential clients;
(iii) in reports and announcements of bona fide commercial, civic, professional or political organizations in which, he serves as a director or officer;
(iv) in and on legal textbook, articles, professional journals, and other legal publications and in dignified and restrained advertisements thereof;
(v) in announcements of any public address, lecture, or publication by him on legal topics, provided that such announcements do not emphasize his own professional competence
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and are not likely to be regarded as being concerned with the giving of individual advice by him;
(b) an attorney may speak in public or write for publication on legal topics so long as he does not thereby emphasize his own professional competence and is not likely to be regarded as being concerned thereby with the giving of individual advice;
(c) the following cards, office signs, letterheads or directory listings may be used by an attorney but in a restrained and dignified form:-
(i) a professional card identifying the attorney by name and as an attorney, giving his decorations degrees,1egal or otherwise, his legal areas of work, his addresses, telephone numbers and the name of his law firm or professional associates so however that such cards are not published in the news media and are only handed out on request and for the purposes of identification or address;
(ii) a brief professional announcement card to be delivered to attorneys, clients, personal friends and relations and government bodies and stating new or changed associations or addresses, changes of firm name or like professional matters;
(iii) a sign of a size and design compatible with the existing practice of the profession, on or
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near the door of the office and in the building directory identifying the law office; provided that neither decorations nor degrees shall be mentioned on such sign;
(iv) a letterhead identifying the attorney by name and as an attorney and giving his decorations and degrees, legal or otherwise, his addresses, telephone numbers and the name of his law firm and of his associates;
(v) a listing in a telephone directory a reputable law list, legal directory or biographical reference giving brief biographical or other relevant information; and any such professional card, office sign, letterhead or listing may state that the attorney is also a notary public;
(vi) an attorney who becomes a Minister of Government shall not while he is such a Minister permit his name to be used on any such professional card, office sign, letterhead or listing except as part of the name of his firm.
58. Where an attorney commits any crime which in the opinion of the General Legal Council is of a nature likely to bring the profession into disrepute, such commission of the offence shall constitute professional misconduct if-
(a) he has been convicted by any court, including a foreign court of competent jurisdiction, for the offence and the General Legal Council is satisfied of the facts constituting the criminal offence;
(b) although he has not been prosecuted the General
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Legal Council is satisfied of the facts constituting the criminal offence; or
(c) he has been prosecuted and has been acquitted by reason of a technical defence or he has been convicted but such conviction is quashed by reason of some technical defence and the General Legal Council is satisfied of the facts constituting the criminal offence.
59. An attorney shall not acquire directly or indirectly, by purchase or otherwise, a financial or other interest in the subject matter of a case which he is conducting.
60. (1) An attorney shall not enter into partnership or fee sharing arrangements concerning the practice of law with non-qualified bodies or persons.
(2) An attorney shall not enter into an agreement, or charge or collect a fee, in contravention of these Rules, the Act or any other law.
61. (1) An attorney shall not charge fees that are unfair or unreasonable.
(2) In determining the fairness and reasonableness of a fee the following factors may be taken into account-
(a) the time and labour required, the novelty and difficulty of the questions involved and the skill required to perform the legal service properly;
(b) the likelihood that the acceptance of the particular employment will preclude other employment by the attorney;
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(c) the fee customarily charged in the locality for similar legal services;
(d) the amount involved (if any) or the value of the subject matter;
(e) the time limitations imposed by the client or by the circumstances;
(f) the nature and length of the professional relationship with the client;
(g) the experience, reputation and ability of the attorney concerned.
(3) An attorney shall not accept any fee or reward for merely introducing a client or referring a case or client to another attorney.
62. (1) Except with the specific approval of his client given after full disclosure, an attorney shall not act in any manner in which his professional duties and his personal interest conflict or are likely to conflict.
(2) An attorney shall not accept or continue his retainer or employment on behalf of two or more clients if their interests are likely to conflict or if his independent professional judgment is likely to be impaired.
63. (1) An attorney who withdraws his services under Rule 36 shall not do so until he has taken reasonable steps to avoid foreseeable prejudice or injury to the position and rights of his client including -
(a) giving due notice;
(b) allowing time fort retaining of another attorney;
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(c) delivering to the client all documents and property to which he is entitled;
(d) complying with such laws, rules or practice as may be applicable; and
(e) where appropriate, obtaining the permission of the Court where the hearing of the matter has commenced.
(2) An attorney who withdraws his services shall refund promptly such part of the fees, if any, already paid by his client as may be fair and reasonable having regard to all the circumstances.
64. An attorney shall withdraw forthwith his services from matter pending before a tribunal -
(a) where the client insists upon his representing a claim or defence that he cannot conscientiously advance;
(b) where the client seeks to pursue a course of conduct which is illegal or which will result in deliberately deceiving the Court;
(c) where a client has in the course of the proceedings perpetrated a fraud upon a person or tribunal and on request by the attorney has refused or is unable to rectify the same;
(d) where his continued service will involve him in the violation of the law or a disciplinary rule;
(e) where the client by any other conduct renders it
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unreasonably difficult for the attorney to carry out his service as such effectively, or in accordance with the judgment and advice of the attorney, or the rules of law or professional ethics;
(f) where for any good and compelling reason it is difficult, for him effectively, to render his services.
65. An attorney shall not retain money he receive for his client longer than is absolutely necessary.
66. An attorney shall never disclose, unless lawfully ordered to do so by the Court or required by statute, what has been communicated to him in his capacity as an attorney by his client and this duty not to disclose extends to his partners to junior attorneys assisting him and to his employees provided however that an attorney may reveal confidences or secrets necessary to establish or collect his fee or to defend himself or his employees or associates against an accusation of wrongful conduct.
67. An attorney shall not permit his professional services or his name to be used in any way which would make it possible for persons who are not legally authorised to do so to practise law.
68. An attorney shall not delegate to a person not legally qualified and not in his employ or under his control, any functions which are by the laws of Belize only to be performed by a qualified attorney.
69. In the performance of his duties an attorney shall not act with inexcusable or undue delay, negligence or neglect.
70. An attorney shall not engage in undignified or discourteous conduct which is degrading to the Court or his profession.
71. An attorney shall not wilfully make false accusations against a Judge or
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Magistrate.
72. An attorney who holds a public office shall not use his public position to influence or attempt to influence a tribunal to act in favour of himself or of his client.
73. An attorney shall not accept private employment in a matter upon the merits of which he previously acted in a judicial capacity or for which he had any responsibility while he was in public employment.
74. An attorney shall not with intent improperly to influence give, lend or promise anything of value to a judge, juror or official of a tribunal.
75. In any proceedings in a Court an attorney shall not communicate or cause any other person to communicate with a juror as to the merits of such proceedings, and shall only do so in the presence of a judge or person exercising judicial functions -
(a) in the normal course of the proceedings; or
(b) where authorised by law, or the practice of the Courts.
76. An attorney shall not for the purpose of making any person unavailable as a witness, advise or cause that person to secrete himself or leave the jurisdiction of the Court.
77. An attorney shall not pay or offer to pay or acquiesce in the payment of compensation to a witness for giving evidence in any cause or matter save as reimbursement for expenses reasonably incurred and as reasonable compensation for loss of time in attending for preparation and for testifying, and in the case of an expert witness, a reasonable fee for his professional services.
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78. An attorney shall not knowingly use perjured testimony or false evidence or, participate in the creation, or use, of evidence which he knows to be false.
79. An attorney shall not counsel or assist his client or a witness, in conduct that the attorney knows to be illegal or fraudulent, and where he is satisfied that his client has in the course of the particular representation perpetrated a fraud upon a person or tribunal, he shall promptly call upon him to rectify the same.
80. An attorney shall not knowingly make a false statement of law or fact.
81. (1) An attorney shall not commit breach of an undertaking given by him to a Judge, a Court or other tribunal or an official thereof, whether such undertaking relates to an expression of intention as to future conduct or is a representation that a particular state of facts exists.
(2) An attorney shall not knowingly represent falsely to a Judge, a Court or other tribunal, or to an official of a Court or other tribunal, that a particular state of facts exists.
82. In pecuniary matters an attorney shall be most punctilious and diligent; he shall never mingle funds of others with his own and he shall at all times be able to refund money he hold for others.
83. (1) An attorney shall keep such accounts as clearly and accurately distinguish the financial position between himself and his client as and when required.
(2) An attorney shall comply with such rules as may be made by the General Legal Council under section 28 of the Act, but nothing contained in this Rule or Rule 82 shall deprive an attorney of any recourse or right whether by way of lien, set-off, counterclaim, charge or otherwise against monies, standing to the credit of a client’s account maintained by that attorney.
84. An attorney shall reply promptly to any letter received from the Bar
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committee or the General Legal Council relating to his professional conduct.
85. (1) A breach by an attorney of any of the Rules of this Part may constitute professional misconduct or grave professional, misconduct and an attorney who commits such a breach shall be liable to any of the penalties, which the General Legal Council recommends and which the Chief Justice is empowered to impose.
(2) A breach by an attorney of any of the provisions of Parts I to VI of these Rules while not per se amounting to professional misconduct is a derogation from the high standards of conduct expected from an attorney and may, depending upon the circumstances of the particular case, amount to professional misconduct or form a material ingredient thereof.
86. Nothing contained in these Rules shall be construed as affecting the liability of an attorney or any other person for conduct which amounts to a crime under the Act or any other law.
PART VIII
DISCIPLINARY PROCEEDINGS
87. An application to the Council to require an attorney to answer allegation contained in an affidavit shall be in writing under the hand of the applicant in Form 1 of the Appendix and shall be sent to the Secretary together with an affidavit by the applicant in Form 2 of the Appendix stating the matters of fact on which he relies in support of his application.
88. Before fixing a date for the hearing, the Council may require the applicant to supply such further information and documents relating to the allegations as it thinks fit and in any case where in the opinion of the Council, no prima facie case is shown, the Council may, without requiring the attorney to answer the allegations, dismiss the application and notify the applicant and the attorney of the dismissal.
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89. In any case in which, in the opinion of the Council, a prima facie case is shown, the council shall fix a day of hearing, which shall not be more than ninety days of the receipt of the application by the, Secretary, and the Secretary shall serve notice thereof on the applicant and on the attorney, and shall also serve on the attorney personally a copy of the application and affidavit together with additional information and documents, if any, supplied by the applicant pursuant to Rule 88. The notice shall not be less than a twenty-one days’ notice.
90. The notice shall be in Form 3 and Form 4 of the Appendix, as the case may be, and, shall require the applicant and the attorney respectively to furnish to the Secretary and to each other a list of all documents on which they respectively propose to rely, and such lists shall, unless otherwise ordered by the Council, be furnished by the applicant and by the attorney respectively, at least fourteen day before the day of hearing.
91. Either party may inspect the documents included in the list furnished by the other, and a copy of any document mentioned in the list of their party shall, on the application of the party requiring it, be furnished to that party by the other within three days after the receipt of the application.
92. If either or both parties fail to appear at the hearing the Council may, upon proof of service of the notice of hearing, proceed to hear and determine the application in his or their absence.
93. The Council may, in its discretion, either as to the whole case or as to any particular facts, proceed and act upon evidence given by affidavit:
Provided that any party to the proceedings may require a deponent to any such affidavit to be summoned to appear before the Council, unless the Council is satisfied that the affidavit is purely formal and that the requirement of the appearance of the deponent is made frivolously.
94. A summons issued by the Council under section 16(5) of the Act may be in Form 5 of the Appendix with such variations as the case may require.
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95. The Council shall hear all applications in private.
96. The Council may of its own motion, or upon the application of either party, adjourn the hearing upon such terms as to the Council may appear just.
97. (1) Within ninety days of the conclusion of the hearing, the Council shall make a final report to the Chief Justice pursuant to section 16 of the Act.
(2) In exceptional circumstances where a final report is not feasible within the period prescribed in subrule (1), the Council shall make an interim report of its findings to the Chief Justice, indicating as to when a final report would be submitted.
98. Subject to Rule 89 (requiring the service on the attorney personally, of the application, affidavit and other documents mentioned therein), the service of any notice or other document required by these Rules may be effected by registered letter addressed to the last known place of abode or business of the person to be served, and proof that such letter was so addressed and posted shall be proof of service. Any notice or document required to be given or signed by the Secretary may be given or signed by him or by any person duly authorised by the Council in that behalf.
99. Notwithstanding anything to the contrary, the Council may extend or abridge the time for doing anything under these Rules.
100. Custody of all affidavits and other documents filed in connection with an application under these Rules shall be retained by the Secretary until the same are forwarded to the Chief Justice along with the Council’s report under section 16 of the Act.
101. (1) Subject to the power of the Court of Appeal to award costs under section 20 of the Act the Chief Justice may, upon making an order under section 16 of the Act, also make such order as to costs before the Council as to him may appear proper.
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(2) The mode of enforcing any order as to costs made under these Rules shall be in the manner prescribed by the practice of the Supreme Court.
102. (1) Attorneys and witnesses shall have the same privileges and immunities in relation to hearings on applications under the Act as in any court of law.
(2) A party to an application is entitled to be represented by an attorney.
MADE by the Chief Justice this 6th day of March, 1991.
(SIR GEORGE BROWN) Chief Justice
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APPENDIX Form 1
[Rule 87]
Form of Application against an Attorney
To the Council constituted under the Legal Profession Act
In the matter of an attorney and
In the matter of the Legal Profession Act, Chapter 320
I, the undersigned hereby make application that of attorney, may be required to answer the allegations contained in the affidavit which accompanies this application.
I make this application on the ground that the matters of fact stated in the said affidavit constitute conduct unbecoming his profession on the part of the said in his capacity of attorney.
In Witness whereof I have hereunto set my hand this day of , 2____.
......................................................... Signature
........................................................ Address
....................................................... Profession, business or occupation
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Form 2 [Rule 87]
Form of Affidavit by Applicant
(a) Name of attorney In the matter of (a) an attorney
and
In the matter of the Legal Profession Act, Chapter 320
(b) Name of Applicant I, (b) Make oath and say as follows: (c) Place of residence (1) That I reside at (c) (d) Country in the Country of (d) (e) Occupation and am a (e) (f) Postal Address and my postal address is (f) (g) Name of Attorney (2) That (g) (h) Set out facts complained of (h) (i) Set out shortly the ground (3) The complaint I made against the attorney is
of complaint that he (i)
Sworn at this , day of ,2 ____.
If the person making the (the same having first read over and explained Affidavit can read and to the deponent when he/she appeared write, strike out the fully to understand the same) words in bracket.
Before me:
........................................
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Justice of the Peace Form 3
[Rule 90]
Form of Notice by Council to Applicant
Complaint No. of 2_____.
In the matter of attorney and
In the matter of the Legal Profession Act, Chapter 320
To
of
The day of ,2 is the day fixed for the hearing of your application in the matter of attorney by the Council constituted under the Legal Profession Act.
The Council will sit at o’clock in the at o’clock in the noon.
If you fail to appear the Council may in accordance with the Rules made under the Legal Profession Act proceed in your absence.
You are requested by the Rules under the Legal Profession Act to furnish to the said and the Secretary of the Council at at least fourteen days before the said day of ,2 a list of all documents on which you propose to rely.
Either party may inspect the documents included in the list furnished by the
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other and a copy of any document mentioned in the list of either party must, on the application of the party requiring it, be furnished to that party by the other within three days after receipt of the application.
You are requested to acknowledge the receipt of this Notice without delay.
Dated the day of , 2 ______.
................................................... Secretary
General Legal Council
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Form 4 [Rule 90]
Form of Notice by Council to Attorney
Complaint No. of 2 ______
In the matter of attorney and
In the matter of the Legal Profession Act, Chapter 320
To
of attorney
Application has been made by of to the Council constituted under the Legal Profession Act, that you may be required to answer the allegations contained in the affidavit a copy whereof accompanies this Notice.
The day of , 2____, is the day fixed for the hearing of the application by the Council. The Council will sit at o’clock in the noon. If you fail to appear the Council may in accordance with the Rules made under the Legal Profession Act proceed in your absence.
You are required by the Rules made under the Legal Profession Act to furnish to the applicant and to the Secretary of the Council at least fourteen days before the day fixed for hearing a list of all the documents on which you propose to rely.
Either party may inspect the documents included in the list furnished by the other and a copy of any document mentioned in the list of either party must on application of the party requiring it, be furnished to that party by the other
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within three days after receipt of the application. You are requested to acknowledge receipt of this Notice without delay.
Dated the day of ,2 ______.
.......................................... Secretary
General Legal Council
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Form 5 [Rule 94]
Form of Summons by Council to Witness
Complaint No. of 2
In the matter of attorney and
In the matter of the Legal Profession Act, Chapter 320.
To
You are hereby summoned to appear before the Council constituted under the Legal Profession Act, at on the day of at the hour of
o’clock in the noon, and so from day to day until the application in the above matter is heard, to give evidence on behalf of (if the person summoned is to produce books or documents add) and you are required to bring with you (specify the books or documents required).
Whereof fail not at your peril.
Dated this day of ,2 ____.
............................................. Chairman
