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ETHICS 1, R20, Relationship with Others, (General rule) Where, through a…
ETHICS 1
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AOJ
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Respect for Court
Rule 13
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(4), (5) Honour undertakings given to Court / AG
(6) Duty Not To Publish Material
- Contempt of Court
- Prejudice AOJ
see Nalpon Zero
Relationship with Client
Step 1: Formation of Retainer
- With client himself
- Client's agent / principal / trustee etc.
- Client's beneficiaries (Ahmad Khalis)
Honesty, Competence and Diligence (Rule 5)
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CONFLICT OF INTERESTS
between LAWYER & CLIENT (r22)
- see also GN 7.4.2 - Providing Welfare Assistance to Clients.
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Prohibited Borrowing from Client (23)
Cannot Purchase from client unless market or reasonable price (r24)
GIFTS (25)
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Relationship with Others
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Rule 8(3)
(a) Cannot take unfair advantage to any person
(b) Duty not to act fraudulently, deceitfully
Rule 8(4)
Duty not to demand anything in LOD anything that is not recoverable
e.g. simple debt should not demand for costs of letter sent to debtorRule 8(5) Duty not to send threatening or offensive letters where any civil claim remains unsatisfied.
- e.g. threatening to lodge police report (PD 9.1.2)
(+) permissible to state offence and consequences of failure to comply
Under r 8(6), a legal practitioner who has acted as a mediator in a mediation must not subsequently act for any party to the mediation in relation to (a) the subject of the mediation; or (b) any matter discussed during the mediation.
Personal misconduct unbefitting an officer of the Supreme Court = struck off. 83(2)(h) LPA
e.g. voyeurism, sexual misconduct
(General rule) Where, through a conflict of interest, a lawyer has recommended to a client that the client seek alternative legal representation, the lawyer may charge only for those items which clearly need not be duplicated by the alternative lawyer. r17(9)
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