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Duty to Client After Accepting Brief - Coggle Diagram
Duty to Client After Accepting Brief
R8 - EXCUSE
Shall not be excused for any trivial reason and shall exert his best effort in the assignment
World Equipment Sdn Bhd v A' Famosa Golf Resort Bhd:
Counsel tried to postpone first by saying that the client is overseas, when the court refused postponement, the counsel said that the counsel in charge of the case is in another court
Cannot assume the court will postpone, shall not take more cases if cannot handle (Against r8)
R28 - WITNESS
(a) Has reason to believe - witness - material or disputed question - shall not appear
Becomes appear that - witness - shall not continue to appear if can retire without jeopardising client's interest
(b) If testified at trial, cannot appear in appeal.
(c) These rule does not prevent an advocate and solicitor from swearing or affirming an affidavit as to formal or undisputed facts in matters in which he acts or appears.
Lee Ah Hah v Teh Chin Lan:
Issue: Whether the P's counsel who was present at the Extraordinary General Meeting ('EGM') of D company, and took part actively at that EGM as the chairman of the meeting shall be disqualified from acting for P.
The restriction only arise when he is likely to be a witness of
any material or disputed facts
, not each time when he believes that he will be a witness -
Wee Choo Keong v PP
Mere fact that there is a likelihood that the counsel will be called as witness does not automatically trigger r28. The applicant must satisfy that the firm shall be disqualified to eliminate possibility of conflict of interest or compromising the interest of contesting parties. -
Quah Poh Keat v Ranjit Singh
(OTF: R28 does not apply when the counsel appear at the EGM as a proxy of P and not in his capacity as a partner of the law firm.)
Choo Kin tong v Million March Sdn Bhd
No material disclosed and mere bare allegations - not sufficient to support application of r28
Further, r28 allows the counsel to appear until such time it becomes apparent that he will be a witness
BC Rulings:
6.07 - Cannot act for parties whose agm is prepared by himself, or signature witnessed by himself
11.01 - Written notice must be given if intends to call another party's counsel as witness
R25 - DISCLOSE
At the time of being retained, shall disclose all circumstances of his relation to the parties and any interest in connection with the controversy which may influence the selection of counsel by the client.
BC Rulings:
6.07 - If a solicitor is on a panel of lawyers of a company wants to act for a client against such company, he must inform the client on this issue
R24 - READY
(a) Shall make every effort to be ready for trial
(b) May apply for postponement of a case for good and cogent reason only
(c) Except in cases of emergency, it is improper to apply for postponement in the absence of the counsel of the other side, unless he has given notice at least 48 hours before, his intention to make the application.
R54 - CHANGE
Shall not act for any party who has already been represented UNLESS
(a) he obtained consent from the previous counsel
(b) he is satisfied that the proper professional remuneration of the previous counsel has been paid OR he undertakes that the same will be paid
(c) he agreed without knowing that the client is represented by the previous counsel AND is unable to refuse to appear without exposing himself to a charge of breach of professional duty
(d) the previous counsel refused to act further (he shall then protect any lien which the previous counsel has for costs) - need to ensure payment is made to previous lawyer
S 120 LPA 1976:
Client's right to change counsel
BC Rulings:
11.06(3):
New solicitor should obtain consent from the previous solicitor before filing of the notice of change of solicitor. Such consent shall not be unreasonably withheld.
Messrs Albert Ding, Lee & Partners v Cho Chooi Mei
P was morally wrong in refusing to discharge itself
it is a misconduct under s94 LPA
D has every right to terminate the services of P and change solicitors (s120 LPA), the withholding of consent by P is unreasonable and contrary to chap 11.06(3) BC rulings
R35 - ABUSE
shall not abuse /take advantage of confidence by client for his personal benefit or gain
R40 - SURETY
Shall not stand as surety or bailor for his client
BC Rulings:
14.28 - shall not sign or give undertaking that has the effect of guaranteeing or indemnifying clients or third parties against any loss suffered
R36 - PREVENT
Shall prevent client from doing things that the advocates himself ought not to do towards the courts
if client persists in such wrongdoings, the solicitor shall terminate the relationship
R55 - LIEN
Shall not withhold client's paper to the detriment of the client EXCEPT by way of securing his right to a lien. (For payment of professional fee)
BC Rulings:
9.02: Firm can set-off or deduct monies payable to a client for unpaid fees
14.08(1): May close file after payment settled
14.08(2): Client is entitled to cause paper and relevant document after file is closed