7/31/2019 Microsoft Powerpoint Topic 6

1/29

7/31/2019 Microsoft Powerpoint Topic 6

2/29

CONTENTSIntroduction

Duty to Accept Brief

Duty to Represent Unless Embarrassed

Duty to Uphold Interest of Client

Duty to Disclose all circumstances to Client

Duty of Skill and Care Towards Client

Conflict of Interest.Other duties

Conclusion

7/31/2019 Microsoft Powerpoint Topic 6

3/29

IntroductionLord Brougham said: An A&S by the

sacred duty which he owes to his clientknows in the discharge of that office butone person in the world- that client and

none other. He must not regard thealarm, the suffering, the torment, thedestruction which he may bring on anyother.

7/31/2019 Microsoft Powerpoint Topic 6

4/29

ContDuties- It refers to duties of lawyer in hisprofessional capacity which carries liabilities.Peguam syarie has many duties towards hisclients. Governed by the LPA, LPPER or EtikaPeguam Syarie.

Clients- Any person, individual or bodycorporate who engages professional servicewith the lawyer. Al-wakalah bil or khusumahRetainer ( solicitor-client relationship).

7/31/2019 Microsoft Powerpoint Topic 6

5/29

Duty To Accept BriefThe Cab Rank Rule-Rule 2 of LPPER 1978. AnA&S shall give advice on or accept brief in thecourts in which he professes to practice.

The lawyer is bound to act for anyone whowishes to retain service.

Originated from the English Bar in the case ofRondel v Worsley-Lord Pearce said:.Itwould be tragic if our legal system came to

provide no reputable defenders,representatives or advisers for the latter. Andthat would be inevitable result of allowingbarristers to pick and choose their clients.

7/31/2019 Microsoft Powerpoint Topic 6

6/29

Cont.Reason i). To ensure that anyone who

requires a lawyer will get one becauselawyers are not given the choice ofclient. (SM must come within the the

practice of the practical lawyer.) ii).Lawyers act for the sake of the duty as alawyer and not because he has a choice

to act or not to act.This rule only applies if the work inthe courts. Contentious matter.

7/31/2019 Microsoft Powerpoint Topic 6

7/29

Exception to the Cab Rank

ruleRule 3-Not accept if embarrassed-

Rule 4-In the event of conflict of interest.

Rule 5- Difficult to maintain, professionalindependence.

Rule 6-Unable to appear

Rule 27-Where the outcome will affect in apecuniary sense.

Rule 28-It appears that you become material

witness in the matter.Rule 54-knowingly agree to appear or to act toappear for a party represented by another

lawyer.

7/31/2019 Microsoft Powerpoint Topic 6

8/29

Duty To Represent Unless

Embarrassed.R 2-An A&S shall give advice on or acceptbrief in the courts in which he professes topractice.But special circumstances may justifyhis refusal at his discretion to accept aparticular brief. R3 justifies the refusal.

What instances would be considered asembarrassment? 1) Where A&S finds he is inpossession of confidential information as a

result of having previously advised anotherperson in regard to the same matter.

2) Where there is some personal relationshipbetween him and a party or a witness in the

proceedings.

7/31/2019 Microsoft Powerpoint Topic 6

9/29

ContRhina Bhar v Malaysian Bar-The Bar Council had objected for RR Sethu to

represent the Plaintiff on the ground of R3.Anuar J-

General rule- member of public authority

should not be professionally engaged in anyproceedings for which the authority is a partyor is directly interested.

Exception-If exceptional circumstances justify

any departure from the general rule, it is theduty of the solicitor to ensure that interests ofthe authority are already protected.

7/31/2019 Microsoft Powerpoint Topic 6

10/29

7/31/2019 Microsoft Powerpoint Topic 6

11/29

Duty to Uphold Interest ofClient

At all times, lawyers are duty bound touphold the interest of the client.

R16-shall fearlessly uphold the interest

of his client without regard to anyunpleasant consequences either tohimself or to any other person.

Lawyers are subject to disciplinaryaction. Section 94 (3)-gross disregard ofhis clients interest.

7/31/2019 Microsoft Powerpoint Topic 6

12/29

ContAl-wakalah bil khusumah is a Contract ofamanah. Lawyers are bound to act for his

client to the utmost.Prophet SAW said Im only a human being andyou bring your disputes to me Partisanship-

moral position of lawyer is irrelevant.The scope of duty: I) carry out instruction inthe matter to which the retainer relates with

diligence and proper means. 2) consult withclient on related matter 3) keep his clientinformed and comply with reasonablerequest from him.

7/31/2019 Microsoft Powerpoint Topic 6

13/29

Rule 25-To disclose to the client allcircumstances of his relation to the partiesand any interest in connection with thecontroversy which may influence the client in

the selection of counsel.

Rule 23- Not to conceal facts.To supply courtall information as to the probable length of acase and the possibility of a settlement.

Duty to Disclose all circumstancesto Client

7/31/2019 Microsoft Powerpoint Topic 6

14/29

Cont.What things to disclose?

Rights-civil rights, human rights.

Liabilities-guilty, innocent, negligence.

Options- to sue or not to sue, to plead guiltyor not and etc.

Legal remedies- compensation, fine,

injunction.Steps to be taken in obtaining the remedy-cost, probable length, documents and etc.

7/31/2019 Microsoft Powerpoint Topic 6

15/29

Cont

Surah An-Nisa:135 O you who believe standout firmly for justice as witness to Allah even asagainst yourselves or your parent or you kin andwhatever it be against rich or poor.

Prophet said if you see any evil deed,prevent it by your hand if not by your tongueand if not by your heart..

Therefore, lawyers are obligated to discloseall relevant information to their clients inorder to ensure that their interests are

protected.

7/31/2019 Microsoft Powerpoint Topic 6

16/29

Peguam Syarie Rules 1991 Selangor

The qualifications for admission as syarielawyer will be a person who holds a bachelordegree in syariah, has completed aprofessional training recognized by the Majlis

in the in the field of Islamic judiciary,Knowledgeable in Islamic Law.

Those requirements mirror the important

ness of the duty to preserve skill and caretowards client by the lawyers. Rule 4 EtikaPeguam Syarie- Duty to improve knowledgein law and syariah.

Duty of Skill and Care

Towards Client

7/31/2019 Microsoft Powerpoint Topic 6

17/29

ContProphet SAW said:

Im only a human being and you bring yourdisputes

Prophet recognized the expertise of someindividual in representing something but it

should not be misused.Surah An Nisaa:58. Allah commands you torender back your trusts to those to whom they are

due and when you judge between mankind thatyou judge with justice, verily how excellent is theteaching which Allah gives to you for Allah is Hewho hears and sees all things.

7/31/2019 Microsoft Powerpoint Topic 6

18/29

Cont.

The lawyer must be honest andcompetent in order to ensure that judgesare able to deal with the cases that comebefore them justly and competently.

A lawyer should refuse to accept anycase that is beyond his expertise becausethis will help the clients money and

time and will inspire client confidence inthe honesty of the profession.

7/31/2019 Microsoft Powerpoint Topic 6

19/29

Conflict of Interest.Conflict of 2 or more interests-

Interest of the lawyers directly or indirectly,

interest of the client and interest of justice.

No A&S to accept brief if professionalconduct likely to be impugned, difficult to

maintain professional independence, not toappear in a case where he is a witness.

If there is conflict of interest, it would affect

the lawyers in presenting his case andvictimize the clients interest.

7/31/2019 Microsoft Powerpoint Topic 6

20/29

Not to abuse the ConfidenceReposed to Him by Client

lawyers should not disclose anycommunication made to him, state thecontents of any document in which he

has become acquainted withunless the client has given consent to doso, in furtherance of any illegal purposeand indications that any crime or fraudhas been committed.

7/31/2019 Microsoft Powerpoint Topic 6

21/29

Not to withhold clientspapers to the Detriment of

ClientsIt is the duty of lawyers not to withholdclients papers to the detriment ofclients.

Exception- Right to lien. In order tocompel the client to pay legal fees so asto obtain the necessary documents fromhis solicitors.

7/31/2019 Microsoft Powerpoint Topic 6

22/29

7/31/2019 Microsoft Powerpoint Topic 6

23/29

Confidentiality

Lawyers must promote and protecttheir clients interests. Thisrequires free and opencommunication between them, anda relationship assuringconfidentiality. Lawyers maintain

confidentiality through a speciallegal rule, called solicitor-clientprivilege. By this rule, lawyerscannot disclose any communication

they receive from their clients,unless the client gives permissionfor the lawyer to do so.

7/31/2019 Microsoft Powerpoint Topic 6

24/29

Rules of Professional Conduct

Law societies in every provincehave established codes of conductthat lawyers must obey. Lawyers

who do not follow these rules canbe disciplined by their law societyfor professional misconduct, withpunishments including fines,reprimands, suspension anddisbarment.

7/31/2019 Microsoft Powerpoint Topic 6

25/29

Retainer AgreementsLawyers should discuss theirretainer agreements duringinitial meetings with clients.The retainer represents acontract between the lawyerand the client, preferably inwriting, in which the lawyeragrees to provide legal

services to the client for a fee.

7/31/2019 Microsoft Powerpoint Topic 6

26/29

ConclusionFull responsibilities

To represent the client with fullresponsibilities whether as a defendants orplaintiff's solicitors.

Pre-trial- To advice for sulh or reconciliation.

During the trial-To assist the court inproviding true facts and etc.Punctuality,honest and competent.

Post trial or after the judgment- To make surethat the Order made by the Court be obeyedby the disputed parties. To file an appeal if

dissatisfied with the decision.

7/31/2019 Microsoft Powerpoint Topic 6

27/29

7/31/2019 Microsoft Powerpoint Topic 6

28/29

7/31/2019 Microsoft Powerpoint Topic 6

29/29

Thank you

Life has an end but

not justice