Professional Ethics - Moot, Mock and Placement - Lecture Slides, Slides of Islamic Law

Download Professional Ethics - Moot, Mock and Placement - Lecture Slides and more Slides Islamic Law in PDF only on Docsity! LAA 3064 MOOT/MOCK AND PLACEMENT PROFESSIONAL ETHICS Docsity.com CONTENTS • Introduction • Legal Profession (Practice and Etiquette) Rules 1978 • Kod Etika Peguam Syarie. • Conclusion Docsity.com Cont… • Why it is so important? • 1) lawyers must assume personal moral responsibility for the consequences of their personal actions. • 2) sharp separation between private and professional morality. • 3) Duty of care. Professional duties. • Surah An-Nisaa;105 “ we have revealed to you the book with the truth so that you may judge between people in accordance with the right way which Allah has shown you, so not be an advocate for those who betray us”. Docsity.com Cont…. • To what extent? • 1) adopting and adhering to modes of practice which are fair and just. • 2) to preserve ethics in general ie to the profession, to the client and to justice. • 3) to observe any undertaking in conducting contentious and non-contentious matter. Docsity.com Principles of Syarie Advocatory • Good behaviour and character. • Sincere, honest and trustworthy. • Not to accept bribe. • Not to waive any right of his client without his permission. • To seek knowledge continuously. Docsity.com How? • Surah Al-An’am:152 • “whenever you speak be just even if it affects your own relatives and fulfil your covenant with Allah”. • Confidentiality, just and not to involve in illegal activities “afaf”. • Do not make wrongful allegations and be fair and respect to witness, third party, other lawyers, and the court. Docsity.com To seek knowledge • Section 4- Keep on going seeking knowledge in syariah and law. • Knowledgeable lawyers will ensure that any work can be done effectively. • Knowledge includes substantive and procedural laws and syariah rulings on certain aspects of life. Docsity.com Duty of diligence and competence • To complete any work as soon as is reasonably possible. If not possible please inform the client. R 6- Not to represent if unable to appear. • Avoid unnecessary works. Moral responsibility. • Passed to client all information material including progress and status of the case. Docsity.com Why? • 1) the danger of unfair or undue pressure is presented. • 2) the appearance of sharp practice is created. • 3) the respect and courtesy to be shown to another solicitors. • 4) likely to lead to acrimony and accusations of improper behavior. Docsity.com Not to appear for party represented by another Peguam syarie- R 54 & S 49 • A client must be free to seek legal advice from any lawyer. • Lawyer owes duty of fairness and courtesy to his fellow solicitors unless:- • 1) he obtains the consent. • 2) He undertakes that the proper professional remuneration of other peguam syarie has been paid . • 3) In ignorance • 4) Other peguam syarie is unwillingly or has refused to act further for such party. Docsity.com What to do? • Lawyer should insist on a clear termination of the previous retainer by the client before he acts in a new retainer for the same client. • Inform the previous lawyer of the new retainer. • Previous solicitor who receives request from another solicitor to transfer a client’s file to that other solicitors should do so. Docsity.com Not to mislead-Rule 26 & S 24 • Information given by the lawyer should be reliable and not misleading. • Should not gain a tactical advantage for one’s client. For eg. Delay the proceedings for technical mistakes. • Lawyers shall honor the terms of his professional undertakings given to any party. • Common courtesy in dealing with the documents. Docsity.com Not to advertise-Rule 45 & S 40-41 • Why? • The need to ensure that the service is a matter of quality rather than price. • To minimize commercialism in an honorable profession and to preserve the dignity of the profession. • Opponents view • Advertising is necessary in order to ensure competitiveness. • To give access to relevant about the quality and price of services. Docsity.com No division of costs or profits with unqualified person or touting. • Rule 51 and 52 & S 46-47-Prohibition of touting and fee sharing. • Unprofessional and improper conduct. • must not pay, give, agree to pay or agree to give any commission, gratuity or valuable consideration to influence any legal business. • Not to act in respect of gift from the client. Docsity.com Should charge fees which are reasonable and proper. • Rule 11 & s 12-Fees for litigious and contentious matter. Basis- time, labor and skill required. • Should inform the basis on which the fees will be charged and the manner in the which the client is expected to pay the fees and disbursement. • Other reasonably foreseeable payments. • The estimates of the fees and other payments which shall not vary substantially from the final amount. Docsity.com Cont…. • Prophet Muhammad said “Do you know what is the right of neighbors are? Help him if he asked for your help. Give him relief if he seeks your relief, lend he needs a loan. Show him concern if he is distressed. Nurse him when he is ill. At end his funeral if he dies. Congratulate him if he meets any good. Sympathize with him if any calamity befall him. Do not block his air by raising your building high without his permission. Harass him not. Give him a share when you buy fruits and if you do not give him bring that you buy quietly and let not your children take them out to excite the jealousy of his children”. Docsity.com Cont…. • When we appoint a person to a position on his provision. If he takes anything beyond that it is illegal gains. In Islam lawyers are accountable to the client and they must give their service professionally and competence. Docsity.com