LESSON 5
RULES OF PROFESSIONAL CONDUCT AND ETIQUETTEES.
Rules of Professional Conduct outline the ethical obligations and
responsibilities of legal professionals, ensuring fair and just legal
practices while upholding the integrity of the profession. These
rules govern interactions with clients, courts, opposing counsel,
and the public, emphasizing competence, diligence, honesty, and
confidentiality.
Key Areas Covered by Rules of Professional Conduct:
Client Relations:
Lawyers have a duty to represent clients competently, carefully,
and with reasonable speed, ensuring effective communication
and protection of client interests. They must avoid conflicts of
interest and maintain confidentiality regarding client matters.
Court Relations:
Lawyers must be truthful with the court, obeying to rules of
evidence and procedure. They must avoid making false
statements or engaging in behavior that could obstruct the
court's ability to render a just decision.
Public Relations:
Lawyers must maintain the dignity of the profession and avoid
any actions that could erode public trust. They must be truthful
in their interactions with the public and avoid misrepresenting
their qualifications or services.
Professional Conduct:
Lawyers must be honest, fair, and respectful in their interactions
with other lawyers and legal professionals. They must be diligent
in pursuing their clients' interests and avoid any conduct that
could undermine the fairness of the legal system.
Maintaining Competence:
Lawyers are expected to keep abreast (up to date) of changes in
the law and legal practice, including technology (example
cybercrime), and engage in continuing legal education to
maintain their competence.
Specific Examples of Rules:
In Zanzibar have the Advocate Act No. 1 of 2020
In Tanzania Main land have The Advocates (Professional Conduct
And Etiquette) Regulations, 2018.
Example In mainland
Section 4-7 explains about the integrity. For the purposes of
meeting the fundamental quality of an advocate, every advocate
shall be a person of high integrity.
Section 8-14 explains about the COMPETENCE AND QUALITY
SERVICE. An advocate shall portray himself as being
knowledgeable, skilled and capable in the practice of law and the
client, the court and the society are entitled to assume that the
advocate has the ability and capacity to deal adequately with
every matter the advocate undertakes on the client's behalf…….
COURT ETIQUETTES (a practical guide to legal etiquette) of
advocate to the court)
These are practical guide to legal etiquette which the advocate
has to be in the court.
To the court or judicial the advocates has the following guide.
I. Court room attire. Open court or in chamber the manner of
court dress depends on whether you are required to attend a
case. Example all male advocates appearing in open court
wear a stiff wing collar with bands with dark black or blue
suit or, with a cloak. Female advocates also wear dark suits
as described.
II. To show respect to the court. Eg proper wearing, to
speak before the court after getting permission from the
judicial officer.
III. Proper introduction. There should be the proper way to
address the court and other attorneys or advocates. The
advocate is required to introduce himself before the court
that he is appears to represent which parties. Eg. The
accused, the state, the plaintiff, defendant etc
IV. To assist the court to administer justice. The advocate
is required to inform the court about anything which he think
that it may hinder administration of justice. Eg. Truthfulness.
V. Punctuality. Try to be on time for your court appointment.
The Advocate is required to attend the court session
punctuality. If there is problem which caused him to be
absent he has to inform the court as early as possible. If he
has to be late send a message to the court as soon as you
are able to.
VI. Prepare for your court appearance. You must read your
papers and have full knowledge of the contents of your file.
Pretend that the court knows nothing of the matter. You
must not only know the facts and the law, but you must
prepare for your actual performance. Prepare what you will
say beforehand and get to know the judges/ magistrate’s
individual preferences.
VII. Ready, set, go. Position yourself and your client near the
hearing room in which your case is to be called. Be alert and
pay attention to when the court officer calls your case and
move promptly into the courtroom. If you have more then
one matter/case on the same day you must have to arrange
for one of your friend s to hold brief.
VIII. Cell phones. Switch off your mobile units.
IX. Prepare your clients. You are responsible for advising your
client on the proper way to address the court and to dress
for court and how to behave in court. Be quick to admonish
them and any witnesses the moment they display any
inappropriate behavior. Under no circumstance must you
encourage your client to communicate directly with the
judge either orally or in writing. All communication between
litigant and judge must come through you (advocate) unless
invited by the judge to do otherwise.
X. Not eating, chewing, and drinking. Do not partake of
food or drink or allow your client to do so during court
sessions.
XI. Dealing with opposing counsel. Mention has already
been made about how to treat attorney appearing opposite
you, but added to that remember to be honorable and
candid in your dealings. That is the only way to build trust
with your friends and with the court. Nothing build s a poor
and distrusting reputation faster than when you say one
thing to your opponent outside the courtroom.
XII. Put the rules pertaining to “full and frank disclosure”
in practice. Try not to hide information you know to be
pertinent to the case in a mistaken belief that it will delay
the administration of justice to the other side. It is your duty
as advocate to disclose it as soon as practicable any
information.
XIII. Observe the trial protocols of the court. There should
be follow all procedures of cases, i.e examination in chief,
cross examination, reexamination.
XIV. Familiarizes yourself with court terminology. Get the
assistance of experienced attorneys in the proper use of
court terminology. Learn how to refer and cite cases. Know
the documents that can be tendered into evidence.
XV. Use the proper language. English or Swahili.
XVI.
