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The Role of a Lawyer & Professional Ethics  D O W N LO A

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The Role of a Lawyer & Professional Ethics  D O W N LO A

The Role of a Lawyer & Professional Ethics  

Who is a Lawyer…? 

The Legal Profession is a one of a greatly

appreciated profession in the world that has been
developed from generation to the generation. This
is not an ordinary vocation or an occupation. This
is a profession that can be achieved a highest
professional standard only through the dedication,
determination & discipline.

According to the ‘Legal Realism’  the law is a

“product of the views of judicial decision makers,
and the work of the lawyers”. 

A lawyer is the representative of a client and A brief history about the professio
engaged to protect the rights, liberties & interest
in front of a judge. Also a lawyer is a trusted legal Legal profession is an ancient and wel
adviser and a counselor who is recognized by the profession in the world. In ancient Rom
government. so many famous legal scholars. Like
Guayas, and Justinian.
According to the definition that have been given
by the American Bar Association “A lawyer   (also In the ancient time the king holds th
called as  attorney , counsel or counselor) is a power of the state including with th
licensed professional who advises and represents
others in legal matters”  power. After the concept of ‘separation
was introduced, the sovereignty of th
been divided to three main parts.
According to Black’s Legal dictionary  the
Legislature & Judiciary).the Judiciary
answer for the question ‘what is lawyer?’ is: “A
with the justice.
 person learned in the law; as an attorney,
counsel, or solicitor Any person who, for fee or In 13th  century in the court system o
reward, prosecutes or defends causes in courts of there were judicial officers who were r
record or other judicial tribunals or whose for the people. In past British legal tra
business it is to give legal advice in relation to were two kinds of legal officers.
any cause or matter.”  
 Barristers  – who had the right of audi
superior courts (Civil law- advocate) 

Solicitors - instructed the counsel (Bar

they kept in touch with the clients.
conseil juridique)

In Sri Lanka also till 1974 there wer

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legal professions called Advocates &

The Role of a Lawyer & Professional Ethics After 1974 by the Administrative
 DOWNofLOJA
(No 44 of 1973) it has been merged t
single legal profession  ATTORNEYS-
(AJL- repealed by the  Judicature A
1978 )

The Role of a Lawyer & Professional Ethics  

The Avenues for lawyers..! Professional Ethics of the p

Professional ethics is the group of sta

As an Attorney who is called to the bar there are norms relating to the activities of profe
so many avenues to lawyers to perform their the legal profession also there are som
professional career. professionals must be followed.

The legal profession in Sri Lanka is primarily In  1880 George Sherwood delivered
divided into the official Bar and the unofficial about the professional ethics of legal.
Bar. The official Bar consists of lawyers who American Bar Association published
serve in the Attorney General Department while rules of professional responsibility
the unofficial Bar consists of lawyers in private “Canons of  Professional Ethics”.
practice. Furthermore there are so many another

avenues for a lawyer. In Sri Lanka the Legal profession is

control of three main mechanisms.
These are some of them,
I.  Constitution.
a.  Involve in private Practice. II.  Statutory.
b.  Join to a company as a legal officer. III.  Regulatory.
c.  Join to Attorney General’s Department.  
d.  Join to Legal Draftsman’s Department.  In 1978 constitution according to the
e.  Judiciary. (1) every person has an equal protect
f.  Join to Administrative service. Also in Articale.13 (3) it mentions “A
g.  Join to Police service. charged with an offence shall be en
h.  Join to Diplomacy. heard, in person or by an attorney-a
i.  Academic legal career.  fair trial by a competent court.”  
 j.  Research works & outsourcing projects. 
According to Article.136 (1)
g - The admission, enrolment, suspension
and the rules of conduct and etiquet
 Attorneys-at-law;
h - The attire of Judges, attorneys-at-law

court and persons attending the courts i

whether established by the Constitut
Parliament or by existing law;
 Article 165 read with 169 (12)  –   requir
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h 4th S h d l 4/9
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th
oath –  4  Schedule.

The Role of a Lawyer & Professional Ethics  D O W N LO A

Provisions of the Judicature Act, No.

S. 40 (1)  –   Admission of Attor

according to the SC.
S. 40 (2) –  his name be registered in th
the hand of the Registrar and the seal o
S. 41 (1)  –   functions as an attorney-a
and advise clients; appear and plead
attorney has a right to be heard in an
behalf of the client.
S. 41 (2) - same right of audience befo
and quasi-judicial bodies

The Role of a Lawyer & Professional Ethics  

S. 42 (1) - SC alone has power to admit or refuse  Relationship with the members of the p
to admit persons as attorneys, when they apply for  Rule 56-59  –   shall act with courtesy,
enrolment  fairness (including his opponents in th
S. 42 (2) - disbarment for misconduct (crime, shall speak to the judge only in the pres
offence, malpractice, deceit) opposing lawyer
S. 42 (3) - deals with the due process required
 prior to disbarment
S. 42 (4) –  imposes a duty upon all courts to notify
the SC of the allegations against attorneys when
they come to know it
S. 43- SC is the ultimate authority to direct an

inquiry prior to disbarment

Regulatory Framework 
1988 the Supreme Court in the exercise of its rule-
making powers under Article 136 (1) (g) of the
Constitution made the Supreme Court (conduct of
and Etiquette for Attorneys-at-Law) Rules 1988. Relationship between Client &

Client is the main partner of a law

 Acceptance and Instructions 
 Rule 5-  Attorney has an obligation and may not professional career. The lawyer alwa
prepared to serve the client. Legal pro
refuse to act for a client  (unless there is a conflict
profession; that is build up on the fo
of interest) - Cab rank rule 
the relationship between the lawyer and
 Ex- Justice Ambepitiya’s case (AG v. Nowfer) 
According to the “Cub rank” Rule a law
 Rule 6-9- Attorney shall not appear when his obligation to accept any brief which he
impartiality is in doubt (unless he discloses the appear in front of the court.(in Sri Lan
same) of the supreme court rule-1988)
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10/8/2019 (PDF) The Role of a Lawyer & Professional Ethics | Kusal K Amarasinghe - Academia.edu
same) of the supreme court rule 1988)
 Rule 10 –  Due Diligence (What standard?) Lawyer must take only a moderate
The Role
 Rule 11-of a Lawyer
Take & not
due care Professional Ethics in
be an accomplice Lanka Rule 22 of the supreme  D O W N LO A
court rule
crime Lawyer must not mislead his client i
 Rule 12- duty to refrain from cases where is likely and always must be honest to his client
to be a witness Lawyer is the agent of the client in the
 Rule 14- if he is appointed by the Legal Aid he is not the master of the client.
Commission, no additional charges are permitted A lawyer should not discriminate in s
clients where the matter is within his
 Fees and Disbursements and in a court where he normally
 Rule 22- Fees be moderate. (Accommodate poor provided that the client is prepared to p
litigant.) What is cub rank rule….? 
In English law (and other countries w
 Relationship with the court   the rule), the cab-rank rule is the obli
 Rules 50-52- Attorneys primary duty is to the barrister to accept any work in a field i
court must not mislead the court.  Prevent professes himself competent to practice
miscarriage of justice at which he normally appears, and a
 Rule 53-  Attorney should safeguard the good rates.
name of the court . Refrain at all time insulting the In Sri Lanka also according to the rule
court. Refrain from insulting the witness
Supreme Court rules “ Attorney has an
and may not refuse to act for a client” 

The Role of a Lawyer & Professional Ethics  

Changing role of the lawyers  Duties of a lawyer

Nowadays the legal profession becomes larger

Towards the Court.
and more difference than the past. Then the role of Respect to the court, judge
a lawyer also has been changed. All members of practitioners.
the legal profession have a paramount duty to the The lawyer must be wearing
Court and to the administration of justice;  each which is recognized by the Sup
member of the legal profession is entrusted to rules in 1988.
maintain the independent and impartial Lawyer must not mislead the co
administration of justice. Then the all legal Lawyer must be honest, fairnes
professionals have a great responsibility to protect inside of the court as well as ou
the justice and fairness of the society and the court.
reputation of the profession. Lawyer must be an impartial pe
The duties of a lawyer can be classified as four Be honest to your clients, colle
main areas.  judge.
Be clear in your speech & b
1.  Towards the Court.
attired.
2.  Towards the Client.
3.  Towards the Profession.
Towards the clients.
4.  Toward the Society.  
Lawyer must be honest to his cl
These all responsibilities and duties are very Lawyer must always charge a m
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These all responsibilities and duties are very Lawyer must always charge a m
important to the smooth function of the judiciary, reasonable fee.
The Role
also of a Lawyer
the justice & Professional
& fairness of the society. Ethics  D O W N LO A
Attorney has an obligation an
All the legal professionals must be obeying the refuse to act for a client. (cab ra
court. And be responsible to their clients as well Attorney shall not appear
as the other lawyers. Also be loyalty for their impartiality is in doubt.
duties and responsibilities. The Cross examine must do p
reasonably.
Never advice the client to do an
act.
Do not do any unlawful ac
 judgment which is clients need.
Do not mislead the client.

Towards the Profession.

Don’t mislead the court &
counsel.
Do not pass the personal rem
opposing counsel.
Do not disturb him or her whe
on his feet in the court.
Junior Lawyers must respect to
lawyers.

In the exercise professional dut

in personal life a lawyer must m
dignity of the profession.

The Role of a Lawyer & Professional Ethics  

According to the sec; 12 of the United Nations

Basic Principles on the Role of Lawyers (Adopted
by the Eighth United Nations Congress on the
Prevention of Crime and the Treatment of
Offenders, Havana, Cuba 27 August to 7
September 1990)  “Lawyers shall at all times
maintain the honor and dignity of their profession
as essential agents of the administration of

 justice.”

Towards the Society. Further readings

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10/8/2019 (PDF) The Role of a Lawyer & Professional Ethics | Kusal K Amarasinghe - Academia.edu
y g

Lawyer is an authorized legal officer in any

The Role of a Lawyer & Professional Ethics Statutes  D O W N LO A
country. Then he or she has an inalienable
obligation to protect the law & order of the
  Provisions of the Judicature Ac
society.
1978 

Lawyer must obey the law and give a good   Supreme Court Rules –  1988 
example for the society. 
 Books & Articles.
Lawyer is a protector and of the rights of the
citizen who are living in the society.    Professional Ethics and Respons
 Lawyers  –   Justice A. R. B. Ame
Lawyer always must be appearing against 1993
the social injustice.
  The lawyer’s hand book   –   Kalinga
Lawyer is a social server. And one of a 3rd edition –  2007
guardian of the justice.
  Code of conduct for officers of the
The Lawyer is a trusted adviser & counselor  judicial service  –   Legal Article –   ju
of the legal system having a special Soyza. 
responsibility for ensuring the quality of
 justice.   The Role of Lawyers in Producing
 Law: Some Critical Reflections -
Gordon - Yale Law School (2001
law Journal

  The Role of the Lawyer in a Chan

Harold A. Smith (1958) - Indian law

   Basic Principles on the Role of Law

(Report) (Adopted by the Eighth United Nat
on the Prevention of Crime and the Treatment o
Havana, Cuba 27 August to 7 September 1990)

http://www.ohchr.org/EN/ProfessionalInterest/
awyers.aspx 

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