1. The Duty Of The Lawyer To The Court

 

(a)            It is the duty of the lawyer to maintain towards the Court respectful attitude, not for the sake of the temporary incumbent of the judicial office, but for the maintenance of its supreme importance. Judges, not being wholly free to defend themselves, are peculiarly entitled to receive the support of the Bar against unjust criticism and clamour. Where there is proper ground for serious complaint of a judicial officer, it is the right and duty of the lawyer to submit his grievances to the proper authorities. In such cases, but not otherwise, such charges should be encouraged and the person making them should be protected.

 

(b)           A lawyer should be punctual in all court appearances and, whenever possible, should give prompt notice to the court and to all other counsel in the case, of any circumstances requiring his tardiness or absence.

 

(c)           A lawyer should make every reasonable effort to prepare himself fully prior to court appearances. He should promptly inform the court of any settlement, whether partial or entire, with any party, or the discontinuance of any issue.

 

(d)           A lawyer should see to it that all depositions and other documents required to be filed are filed promptly, should stipulate in advance with opposing counsel to all non-controverted facts, should give the opposing counsel, on reasonable request, an opportunity in advance to inspect all evidence of which the law permits inspection, and, in general, should do everything possible to avoid delays and to expedite the trial.

 

2. Relationships With Judges

 

A lawyer should never show marked attention or unusual hospitality to a judge, uncalled for by the personal relations of the parties. He should avoid anything calculated to gain or having the appearance of gaining special personal consideration or favour from a judge.

 

 

3. Conduct Towards Judges During Trial

 

1. a)              During the trial, the lawyer should always display a dignified and respectful attitude towards the judge presiding, not for the sake of his person, but for maintenance of respect for and confidence in the judicial office. It is both the right and duty of the lawyer fully and properly to present his client’s case and to insist on an opportunity to do so. He should vigorously present all proper arguments against any ruling he deems erroneous and should see to it that a complete and accurate case record is made. In this regard, he should not be deterred by any fear of judicial displeasure or even punishment. In no circumstances should the lawyer reveal the confidences of his client.

 

(b)            Save where the opposing lawyer fails or refuses to attend and the judge is advised of the circumstances, a lawyer should not discuss a pending case with any judge trying the case, unless the opposing lawyer is present.

 

(c)            Except as provided by rule or order of court, a lawyer should never deliver to the judge any letter, memorandum, brief or other written communication without concurrently delivering a copy to opposing counsel.

 

(d)            A lawyer ought not to engage in the exchange of banter personalities, argument or controversy with opposing counsel. His objections, requests and observations should in every case be addressed to the judge presiding.

 

(e)            Subject to the foregoing, a lawyer may submit to the judge any reason for expediting or delaying the decision.

 

4. Candour And Fairness

 

(a)            The conduct of the lawyer before the Court and with other lawyers should be characterized by candour and fairness; and the lawyer should in court inform the presiding judge of subsisting decided cases even where the decision is against his client. The lawyer is however entitled to distinguish any such case.

 

(b)            It is not candid or fair for the lawyer knowingly to misquote the contents of a paper, the testimony of a witness, the language or the argument of opposing counsel, or the language of a decision or a textbook; or with knowledge of its invalidity, to cite as authority a decision that has been over-ruled, or a statute that has been repealed; or in argument to assert as a fact that which has not been proved, or in those jurisdictions where a side has the opening and closing arguments, to mislead his opponent by concealing or withholding in his opening argument positions upon which his side intends to rely.

 

(c)            It is unprofessional and dishonorable to deal other than candidly with the facts in taking statements of witnesses, in drawing affidavits and other documents, and in presentation of causes.

 

(d)            A lawyer should not offer evidence which he knows the Court should reject, in order to get the same before the jury by arguments for its admissibility; nor should he address to the Judge arguments upon any point not properly calling for determination by him. A lawyer should not in any argument addressed to the Court introduce inadmissible remarks or statement likely to influence the jury or bystanders.

 

(e)            A member of the Bar must not promote a case which to his knowledge is false, nor should he file a pleading or other document which, he knows to be false in whole or in part, or which is intended to delay the trial.

 

(f)            The matters mentioned in paragraphs (b) and (e) are unprofessional and unworthy of an officer of the law charged, as is the lawyer, with the duty of aiding the administration of justice.

 

 

5. Attitude Towards Certain Tribunals

 

Tribunals are complementary to our judicial system. They operate in the context where the use of court would not be considered appropriate. Where a judicial officer is presiding, he should be accorded respect befitting his judicial office. If a non-judicial officer is presiding, a lawyer must prosecute his case in a language and manner to suit the tribunal with no sounding legal language. The tribunal should be treated with courtesy and respect.

 

 

6. Courtroom Decorum

 

(a)            A lawyer should rise when addressing, or being addressed by the Judge.

 

(b)            While the court is in session a lawyer should not assumed an undignified posture, and should not, without the judge’s permission remove his wig and gown in the courtroom. He should always be attired in a proper and dignified manner and abstain from any apparel or ornamental calculated to attract attention to himself.

 

 

7. Employment In Criminal Cases

 

(a)            Every person accused of crime has a right to a fair trail, including persons whose conduct, reputation or alleged violation may be the subject of public unpopularity or clamour. This places a duty of service on the legal profession and, where particular employment is declined the refusal of the brief or to undertake a defence may not be justified merely on account of belief in the guilt of the accused, or repugnance towards him or to the crime or offence as charged.

 

(b)            Any member of the Bar who accepts a brief for the defence in a murder trial shall be deemed to have given a solemn undertaking that he will personally conduct the defence provided his fee is paid.

 

 

8. Counsel For Indigent Prisoner

 

A lawyer assigned as counsel for an indigent prisoner ought not to ask to be excused for any trivial reason, and should always exert his best efforts in his behalf.