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Unit 2: Rules of Professional Code of Conduct of Legal Practitioners (7 Hours)
2.1 Existing Code of Conduct for Lawyers in Nepal
The instrument: the Nepal-Bar-Council’s-Code-of-Conduct-for-legal-practitioners (the NBC-Act-2050’s-authority (the Council’s-own-promulgated-code (the conduct’s-catalogue (the enforced-floor)))) — the code’s-status: the statutory-anchored (the Act’s-disciplinary-machinery’s-content (the professional-conduct-the-Act’s-own-head-of-power (the name-and-the-function (the section-numbers-not-cited (the series’-discipline))))); The frame: the code + the court-regulations (the U3.4’s-own) + the ethics-principles (the U1’s-own) — the three-sourced-standards.
2.1.1 Duties and Responsibilities of Legal Practitioners
The core-duties: the competence (the law-known (the skill-applied)) + the diligence (the file-attended (the deadline-met (the negligence-no))) + the communication (the client-informed (the advice-honest (the bad-news-told-too)))) + the loyalty (the conflicts-declined (the client’s-interest-first-within-the-law)) + the confidentiality (the privilege-guarded (the U6.6’s-companion)) + the fees-fair (the agreement-honoured (the exploitation-no)) — the duties’-web (the client-served (the justice-served (the both-together))).
2.1.2 Obligations of Legal Practitioners
The obligations (the code’s-own-emphases): the acceptance-honest (the case-with-merit (the hopeless-cause-the-frank-advice (the false-hope-not-sold))) + the court’s-procedure-respected (the rules-followed (the decorum-kept)) + the opponents-dealt-fairly (the courtesy (the undertakings-honoured)) + the juniors-and-the-staff-treated-justly (the supervision-owed (the exploitation-no)) + the profession’s-reputation-kept (the advertising-restrained (the touting-no (the dignity-the-brand))) + the public-service (the aid (the U5’s-full-unit)).
2.1.3 Restriction on Working as a Legal Advisor or Litigating as a Legal Practitioner
The conflicts-bar (the code’s-core): the full-time-employment-rule (the salaried-advocate’s-restriction (the practice-and-the-employment’s-incompatibility (the independence-preserved))) + the government-service-bar (the serving-official’s-no-private-practice (the double-role-no)) + the conflict-cases-declined (the former-client’s-cause-not-against (the confidential-information’s-echo (the imputation-bar (the wall-between-the-firms)))) + the witness-and-the-advocate-roles-not-mixed (the advocate-the-witness-the-one-case — the both-no) — the restrictions’-purpose: the independence + the confidentiality + the fairness (the three-values-protected (the exam’s-explain-the-why)).
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