Section 9, The Legal Practitioners Act, 2000 THE LEGAL PRACTITIONERS (C ODE OF C ONDUCT) R ULES , 2010

The foregoing is based on the assumption that the accused has made aclear confession that he did “commit the offence charged,” and does not profess to deal with the very difficult questions which may present themselves to counsel when a series of inconsistent statements are made to him by the accused before or during the proceedings, nor does it deal with the questions which may arise where statements are made by the accused which point almost irresistibly to the conclusion that the accused is guilty but do not amount to a clear confession. Statements of this kind must hamper the defence, but the questions arising on them are not dealt with here. They can only be answered after careful consideration of the actual circumstances of the particular case. M ADE this 9th day of December, 2010. YADA HASHIM WILLIAMS, Chairman General Legal Council. (c) shall not engage in conduct, whether in pursuit of his profession or otherwise, which is dishonest or which may otherwise bring the legal profession into disrepute or which is prejudicial to the administration of justice; (d) shall observe the ethics and etiquette of the legal profession and act with competence in his professional activities; (e) shall ensure that a pupil serves the requisite period of his pupilage before the certificate referred to in section 12 of the Act is issued. 4. (1) Every legal practitioner shall act with– (a) honesty, competence, and professionalism as is reasonably necessary for the preparation and conduct of a case; (b) independence in the performance of his functions and shall not engage in any activity which compromises his independence or which reasonably creates the appearance of such compromise; (c) integrity to ensure that his actions do not bring the administration of justice into disrepute. (2) A legal practitioner shall act courteously and respectfully towards all persons with whom he has professional contact, including judges, other legal practitioners, court staff, litigants, witnesses, victims and clients. 5. (1) A legal practitioner shall not deceive or knowingly or recklessly mislead the Court or a judge. (2) A legal practitioner shall take all necessary steps to correct an erroneous statement made by him as soon as possible after becoming aware that the statement was erroneous. 2 3 Communication with litigants. 6. A legal practitioner shall not, unless permitted by these Rules or a Judge– (a) make contact with a judge concerning the proceedings in which the legal practitioner is involved, except within the proper context of the proceedings; (b) submit to a judge information, notes or documents concerning the proceedings in which the legal practitioner is involved, except through the court’s Registrar and after service of the information, notes or documents on Counsel on the other side; or (c) make contact with a judge in the absence of the other side except the other side has expressly communicated his refusal to meet the judge or has given his consent for the legal practitioner to meet with the Judge in his absence. 7. (1) A legal practitioner shall not communicate with litigants on the other side in proceedings if that side is represented by a legal practitioner except through or with the permission of the litigant’s legal representative. (2) A legal practitioner communicating with a person who is not represented by counsel shall inform that person of his right to counsel, the role of counsel in a matter and the nature of legal representation in general. 8. (1) A legal practitioner shall not offer any monetary or other incentive to any person for the purpose of unduly encouraging or influencing the testimony of a witness. (2) A legal practitioner shall not coerce, threaten, intimidate, humiliate or harass a witness or his relatives or acquaintances. Acts of legal practitioners. Deception by legal practitioners. Contacts with judges. Offering of incentives to witness etc. 9. (1) Subject to sub-rule (2), a practicing legal practitioner shall accept any brief to appear before a Court in the field in which he professes to practice at his usual fee having regard to the type, nature, length and difficulty of the case. (2) Special circumstances such as a conflict of interest or the possession of relevant and confidential information may justify his refusal to accept a particular brief.