LAW5903 Professional Ethics and Lawyering Skills — Unit 1: Introduction (6 Hours)

Unit 1: Introduction (6 Hours)

1.1 Meaning and Nature of Professional Ethics

The definition: the profession’s-moral-code (the conduct-standards (the right-and-wrong-of-the-practice (the “professional” + the “ethics” — the two-words-joined (the occupation-trusted-then-the-trust’s-rules)))); The nature (the three-faces): (1) the aspirational (the ideals-pursued (the excellence’s-call (the “ought” beyond-the-must))); (2) the normative (the rules-prescribed (the code’s-list (the enforceable-floor))); (3) the practical ( the daily-dilemmas (the conflict-of-duties (the client-vs-the-court (the zeal-vs-the-truth — the ethics-LIVED-not-the-decorated)))); The why-of-it (the profession’s-own-reason): the law-profession’s-special-position ( the monopoly-of-the-law’s-craft (the licence-the-entry (the public-the-dependant (the trust-the-profession’s-CAPITAL (the ethics-the-trust’s-maintenance)))) — the lawyer’s-licence-a-public-trust (the privilege-then-the-duty (the reciprocity-the-nature’s-core))).

1.2 Principles of Professional Ethics and Legal Ethics

The general-principles (the professions’-shared): the integrity (the wholeness-of-honesty) + the objectivity (the bias-resisted) + the confidentiality (the client’s-secret-kept) + the competence (the skill-maintained) + the diligence (the matter-pursued) + the accountability (the answer-owed); The legal-ethics’-own (the profession-specific): the fidelity-to-the-client (the loyalty-undivided (the conflicts-avoided (the privilege-claimed))) + the candour-to-the-court (the officer-of-the-court (the truth-not-sabotaged (the tribunal-misled — never))) + the independence (the pressure-resisted (the state’s + the client’s + the popular’s (the fearless-bar (the Constitution’s-own-need)))) + the access-to-justice-duty (the poor-served (the aid-given (the U5’s-full-unit))) + the fair-competition (the brotherhood’s-courtesy (the poaching-no (the solicitation-restrained))); The tension’s-architecture (the exam’s-favourite): the lawyer’s-two-masters (the client’s-zeal + the court’s-candour (the duty-hierarchy: the LAW-first (the never-false-evidence (the never-perjured-testimony (the client-zealous-WITHIN-the-law))))) — the balancing-the-craft (the ethics-not-the-checklist (the judgment-exercised)).

1.3 International Standards on Code of Conduct for Legal Professionals

1.3.1 Judges

The Bangalore-Principles-of-Judicial-Conduct (2002) (the global-standard (the six-values: the independence + the impartiality + the integrity + the propriety + the equality + the competence-and-diligence (the values’-each-with-the-applications (the commentary’s-elaboration (the name-level (the well-known (the exam’s-cite))))))); The supporting-texts: the UN’s-Basic-Principles-on-the-Independence-of-the-Judiciary (the 1985-Milan-congress-adopted (the name-level)) + the ICJ’s-2007-international-principles (the reference-list’s-own (the independence-and-accountability-of-judges-lawyers-prosecutors (the name-level))); The Nepal’s-mirror: the Judicial-Council’s-judges’-code (the Art-142’s-own-hook: the code-of-conduct-violation-the-removal-ground (the verified-article (the accountability-the-Constitution’s-own (the 153’s-JC-the-enforcer)))).

1.3.2 Lawyers

The UN-Basic-Principles-on-the-Role-of-Lawyers (1990) (the Cuba-congress-adopted (the access-to-justice + the qualifications (the no-discrimination-in-entry) + the duties (the advise-the-client’s-rights (the client’s-interests-protected (the cause-advanced-fearlessly))) + the guarantees (the practice-free-from-intimidation (the association-freedom (the bar-self-governance (the disciplinary-fair-process (the name-level (the exam’s-anchor))))))); The IBA-International-Principles-on-Conduct-for-the-Legal-Profession (2011) (the reference-list’s-own (the consolidated-international-common-core (the eight-principles’-lore (the name-level (the honest-conduct + the integrity + the conflicts + the confidentiality + the competence (the menu))))); The essence: the world’s-converged-floor (the lawyer-independent (the client-faithful (the court-candid (the public-serving))).

1.3.3 Public Prosecutors

The UN-Guidelines-on-the-Role-of-Prosecutors (1990) (the same-congress-family (the prosecutors-as-the-justice-administration’s-essential-actors (the selection-on-qualifications (the political-appointment-resisted) + the impartiality (the evidence-fairly-presented (the guilt-pursued-justly (the not-the-conviction-at-any-cost))) + the discretion-accountable (the guidelines-the-frame (the name-level (the criminal-justice-course’s-companion (the LAW5301’s-adjacent)))))); The Nepal’s-own: the Government-Attorneys’-framework (the prosecution’s-structure (the Attorney-General’s-office (the statute’s-name-level (the government-attorneys’-council-lore (the functional-cite (the never-invent (the honest-hedge))))).

1.4 Bar-Bench Relations

The concept: the lawyers-and-the-judges’-working-partnership (the two-arms-of-the-one-justice-administration (the bar-the-voice (the bench-the-judgment (the dialogue-the-trial)))); The ideal (the exam’s-frame): the mutual-respect (the independence-each (the bar-fearless-BUT-courteous (the bench-firm-BUT-patient (the contempt-vs-the-criticism-line (the balance))))) + the mutual-dependence (the bench-from-the-bar-recruited (the Art-129’s-own: the 15-years’-advocate-the-justice’s-route (the verified (the profession-the-judiciary’s-nursery)))) + the mutual-restraint (the bar-not-the-heckler (the bench-not-the-browbeater (the strike-debate (the Nepal’s-own-phenomenon (the honest-note: the frequent-bandon-the-critique’s-menu (the justice-delayed-the-cost)))); The institutional-expression: the NBA’s-JC-seat (the Art-153’s-own: the senior-advocate/advocate-20-years-on-the-Council (the bar’s-hand-in-the-judges’-accountability (the verified (the bar-bench-architecture-constitutionalised)))) + the bar-associations-and-the-courts’-cooperation (the legal-aid (the U5’s-own) + the court-management-committees (the name-level)); The decay-and-the-repair (the critical-answer): the mutual-distrust’s-symptoms (the accusations-traded (the contempt-and-the-boycotts (the spiral)) — the repair: the communication-channels (the joint-forums (the codes’-mutual-observance (the respect-rebuilt-by-the-structure-not-the-sentiment)))).

Model Questions

1. What is professional ethics? Explain its nature and distinguish legal ethics from general professional ethics. (10)
2. Discuss the UN Basic Principles on the Role of Lawyers, 1990, and their significance for the Nepali legal profession. (10)
3. “The lawyer owes duties to the client and to the court, and when they collide, the law prevails.” Explain. (10)
4. Examine bar-bench relations in Nepal with reference to the constitutional architecture connecting the Bar and the Judiciary. (15)

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