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MUHAMMAD HAIRULIQRAM BIN HAIRUDDIN 1018757 SECTION 8, LAW 4511 PROFESSIONAL PRACTICE 2

DUTIES AND RESPONSIBILITIES OF A LAWYER 1. Duties to the court

DUTIES

RESPONSIBILITIES

LIABILITIES the lawyer or

Duty to respect the court and It is based on Rule 15 of legal If the judge profession (Practice

and counsel against this

Etiquette) 1978. It states that the provision, he will be counsel need to maintain a liable for contempt of respectful attitude and manner to the court. the courts.

It is based on Rule 16 of the same Act. It states that a lawyer shall uphold the justice and dignity of the profession when acting as the counsel to the tribunal.

Duty to give and supply the It is based on Rule 19. It states If the counsel against court all the relevant that a counsel shall not refer to it, he will be liable any facts in the case which he is under Section 94 (3) not in position to prove it. (b) of LPA. It states that, the breach of a It is based on Rule 20. It states duty to court may that the counsel shall put any include any failure by relevant binding decision which him with an

information to the case

he is aware before the court

undertaking given to the court

Duty to acting in just and It is based on Rule 17. It states If the counsel against fair manner that he shall not practice any the provision, it is deception to the court considered as

misconduct and liable to be struck off the roll or by suspended by the disciplinary based on

board

Section 94 of LPA.

2. Duties to the client

DUTIES

RESPONSIBILITIES

LIABILITIES

Duties to advice the clients Rule 36 states that the counsel in the matter of their rights shall prevent his clients from and obligations wrongful actions or conduct to the court and judicial officers, witnesses and parties. Duties to maintain the Based on Rule 32 of LPA, it If the counsel against it, professional relationship to states that the counsel should not the disciplinary board the clients be influenced with the feeling will strike off the roll exist between him and the client or suspend the counsel in his conduct and demeanor for misconduct based towards each other. on Section 94 (3) of LPA. Duty to take care the It is based on Rule 35. It states In confidentiality of this matter, the

the that the counsel shall keep the counsel for the clients information and documents of his acts as a trustees. He clients with proper care and shall will be liable if

clients and preserve it

not transmit them to anyone or to breaches opposition party. confidentiality documents or

the

thing

related to the case and liable for breach of the trust. Duty to avoid conflict of It is based on Rule 16. It states If the counsel against it, interest that a counsel shall uphold the he will be liable under interest of the client without Section 94 (3) (n) of having regard to any unpleasant LPA because of

consequences either to himself or disregard of his client any other person. s interest and liable for misconduct Duty for disclose all the Rule 25 states that the counsel facts relating to the case shall need to disclose to the client all the information and interest relating to the case.

3. Duties to the opponents and other counsels

DUTIES

RESPONSIBILITIES

LIABILITIES

Duty not to postpone the It is based on Rule 24 (c). It states If the counsel not able case without any valid that it is improper for the counsel to present to the court reason to apply for the postponement of on the day of the the case without give notice 48 proceedings, the court hours before hearing of the case. can throw out the case and the counsel need to make new application. Duty not to delay the Rule 12 states that the counsel proceeding shall not conduct case or make

defence which intent to delay the proceeding or to harass the opposite party. Duty not to use harsh Rule 18 states that the act of words to the other party counsel towards the other counsel shall be characterized by candour, courtesy and fairness.

4. Duty to the profession

DUTIES

RESPOSIBILITIES

LIABILITIES

Duty not actively carry on It based on Rule 44. It states If the counsel against it, the any trade that a counsel shall not disciplinary board will

actively carry any trade strike off the roll or suspend which is unsuitable for the the counsel for misconduct advocate and solicitor to based on Section 94 (3) of engage with and shall not be LPA. full- time salaried employee of any person Duty not to publish It is based on Rule 48. It states that the counsel shall not take steps to procure the publication of his

photograph

photographs as a member of the Bar in the press or any periodical Duty not to make touting Rule 51. It states that If suspected to cause

counsel shall not cause any touting, the bar Council will touting directly or indirectly. make investigation on him and if liable, he will be strike off from the roll