Legal Practitioners (Amendment) Act 2010

(Continued)

Rule IV-Conflict of Interest

1. An attorney-at-law shall not devise or represent more than one interest in a matter nor shall he act or continue to act in a matter when there is or is likely to be a conflicting interest; which includes but is not limited to the financial interest of attorney-at-law or his associate, and the duties and the loyalties of the attorney-at-law to any other client or prospective client, including the obligation to communicate information.

2. An attorney-at-law shall make adequate disclosure to the client so that he may make an informed decision as to whether he wishes the attorney-at-law to act for him despite the presence or possibility of conflicting interest.

3. When acting for more than one side, the attorney-at-law shall inform the parties that no information received in connection with the matter for or from any one side can or will be treated as confidential as far as any of the others may be concerned and that if a conflict develops he cannot continue to act for any of them and will have to withdraw completely.

4. It shall not be improper for any attorney-at-law to act against a former client in a fresh and independent matter wholly unrelated to any work he has previously done for that person.

5. The burden of establishing the disclosure of conflict of interest shall be on the attorney-at-law.

6. An attorney-at-law engaged wholly or partly at the criminal Bar shall not accept membership on the Police Service Commission.

7. An attorney-at-law who is an official of a company or corporation or any other organisation (herein a body) shall not accept a brief against the body, or in favour of a member of the body against another member of the body in respect of a dispute arising out of their common membership.

8. An attorney-at-law who engages in another profession, business or occupation concurrently with the practice of law shall not allow such outside interest to jeopardize his professional integrity, independence or competence.

Rule V- Competence

1. An attorney- at-law shall not accept a brief in a matter or field in which he does not have the requisite expertise, knowledge, skill or ability to effectively and properly represent the interest of his client.

2. An attorney-at-law must be alert to recognise his lack of competence for a particular task and the disservice he will do his client if he undertook such a task…

3. An attorney-at-law shall perform all the work and services which he undertakes on behalf of his client in a competent manner, providing a quality of service at least equal to that of a competent legal practitioner in a like situation.

4. An attorney-at-law who displays incompetence does his client a disservice, brings discredit on his profession and may bring the administration of justice into disrepute.

5. Without derogating from the generality of the foregoing rules, an attorney-at-law shall: (a) keep his client reasonably informed; (b) do work for which he is retained promptly and not belated so that its value to his client is diminished; (c) avoid slipshod work, such as mistakes or omissions in statements or documents prepared on behalf of his client; (d) inform his client properly of proposals for a settlement or determination of a matter; (e) avoid misleading a client as to the position of a matter in order to cover up his neglect or mistakes; and, (f) refrain from taking on a case in the High Court without personally appearing or making adequate arrangements for the client’s representation.

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