Professional ethics

1. Professional ethics The mock exam part 1

2. Question 1 • Judicature Act 02 of 1978 under Article 41 confirms entitlement to every Attorney- at -Law to assist and advice clients and appear, plead and act before every court or other established institutions in the Administration of Justice.

3. Question 2 • Cab rank rule has been incorporated to our Conduct and Etiquette Rules of the Supreme Court.

4. Question 3 • When you take your oath as an Attorney- at -Law you swear or affirm to defend the constitution which guarantees representation and fair trial and the presumption of innocence; if you refused to appear for clients on the grounds complained of by the segment of lawyers or public you would be breaking your oath.

5. Question 4 • When your client gives you instructions you should take down those instructions in writing where possible and obtain his signature confirming same.

6. Question 5 • As an Attorney –at-Law you owe a duty to court as you are considered an officer of court, you also owe a duty to your client and it is said that you also owe a duty to the upholding and proper administration of Justice.

7. Question 6 • When you are retained in a Murder case and a client makes a confession to you, you must immediately report it to the Judge and the Police and withdraw from representation.

8. Question 7 • When you pass out as an Attorney- at- Law you need to choose to do either Original Court work or Appellate Court work.

9. Question 8 • The constitution guarantees a right of appeal to the International Court of Justice when the Supreme Court refuses to entertain an application complaining of a breach of a fundamental right.

10. Question 9

11. Question 10 • Justice Wimalarate has also said in his precepts – The administration of Justice should be speedy but circumspect .Justice delayed is justice denied. On the other side of the coin justice hurried, can be justice miscarried.

12. Question 11 • Justice Wimalaratne in his precepts has stated – “A Judge should not accept any presents or favours from litigants, or lawyers practicing before him or from others whose interest are likely to be submitted to him for Judgement”.

13. Question 12 Justice Wimalaratne in his precepts has stated- ‘In every particular the conduct of a judge should be above reproach. He should be conscientious, studious, thorough, courteous, patient, punctual, just, impartial,fearless of public clamour, regardless of public praise, and indifferent to private, political or partisan influences; he should administer justice according to law, and deal with appointment as a public trust; he should not allow other affairs or his private interests to interfere with the prompt and proper performance of his duties, nor should he administer the office for the purpose of advancing his personal ambitions or increasing his popularity .

14. Question 13 • There is nothing wrong in sending a Junior to court and seeking an adjournment on personal grounds when you have another matter in another court where you are paid a higher fee.

15. Question 14 • Conflict of interest means not charging interest from clients.

16. Question 15 • Conflicts of interests ;- means any situation where: you owe separate duties to act in the best interests of two or more clients in relation to the same or related matters, and those duties conflict, or there is a significant risk that those duties may conflict (a 'client conflict');or your duty to act in the best interests of any client in relation to a matter conflicts, or there is a significant risk that it may conflict, with your own interests in relation to that or a related matter (an 'own interest conflict')'

17. Question 16 • 'Own interest conflict, :means any situation where your duty to act in the best interests of any client in relation to a matter conflicts, or there is a significant risk that it may conflict, with your own interests in relation to that or a related matter.'

18. Question 17 • 'Client conflict, means any situation where you owe separate duties to act in the best interests of two or more clients in relation to the same or related matters, and those duties conflict, or there is significant risk that those duties may conflict.'

19. Question 18 • “A man may have a duty on one side and an interest on another. A man who puts himself in that position takes upon himself a grievous responsibility ".

20. Question 19 • The Courts are under a duty to scrutinize with " close and vigilant suspicion " any transaction in which a Proctor is professionally concerned and from which he or a relative in whom he has a special interest obtains from the lay client a benefit by way of gift. The transaction, when it is impugned, belongs to a class of case where the special relationship between the AAL - NP and his client at the time of execution of the gift raises a presumption that the former had influence over the latter. In such cases, unless the legal presumption of undue influence can be rebutted. " the Court interferes, not on the ground that any wrongful act has in fact been committed, but on the ground of public policy".

21. Question 20 • The principal aims and objectives of the IBA are: (a)To promote an exchange of information between legal associations worldwide ;(b)To support the independence of the judiciary and the right of lawyers to practise their profession without interference ;(c)support of human rights for lawyers worldwide through its Human Rights Institute.

22. Question 21 • The Secondary aims and objectives of the IBA are ; (1)To promote democratic Governance in all 3rd world countries.(2) To assist and fund National Bar Associations to assist in the change of Administration that would accept the principles of the International Bar Association;(3) to assist in apprehension of leaders to have committed crimes against humanity.

23. Question 22 • One of the objects of the Bar Association of Sri Lanka is ; The maintenance of standards of professional conduct by the promotion of honourable practice, prevention of malpractice and other conduct unworthy of an Attorney –at-Law, the formulation and interpretation of Rules of professional conduct and etiquette, the settlement of disputed points of practice and the decision of all questions of professional etiquette , usage of courtesy between or among Attorneys- at-Law.

24. Question 23 • One of the objects of the Bar Association of Sri Lanka is the appointment of such committees as Council may consider necessary either on its own or in consultation with the judges of the Supreme Court , in connection with and for the maintenance of discipline in the profession.

25. Question 24 • One of the objects of the Bar Association of Sri Lanka is to make disciplinary findings against AAL and NP and order them to pay a fine and or compensation to their victims depending on damages that are proved before the committee.

26. Question 25 • One of the objects of the Bar Association of Sri Lanka is to see that at least 10 Lawyers are elected or selected to the Parliament from all the parties so the interest of the Lawyers are looked after.

27. Question 26 • One of the objects of the Bar Association of Sri Lanka is to recommend Senior practitioners with integrity to be interviewed and recommended to be appointed to the Supreme Court to serve as Judges so long as they promise to uphold the objects and interest of the Bar association.