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ETHICS AND ETIQUETTE :
LAWYERS
PRESENTED BY MIN EHANT KYI
ETHICAL STANDARDS
Independence
Honesty and integrity
Lawyer and client relationship
Confidentiality
 INDEPENDENCE
A lawyer shall exercise independent, unbiased
professional judgment in advising a client.
 HONESTY AND DIGNITY
The fundamental aim of legal ethics is
to maintain the honor and dignity
The object is always victory , not
abstract the truth
Be people of the highest integrity and
honesty in their personal dealings—
clients can feel secure in confiding
them.
 HONESTY AND DIGNITY
Lawyers promote human dignity
by giving the client voice and
sparing the client the
humiliation of being silenced
and ignored.
 LAWYER AND CLIENT RELATIONSHIP
Once accepted than cannot withdraw from
actions or engagements, without appropriate
cause
Not to overpower any material or evidence,
which shall prove the innocence of the
accused.
Not to charge for his services depending on the
success of the matter taken.
 CONFIDENTIALITY
 To keep information private
It is an implied term in a contract between a
lawyer and a client that the lawyer will
keep the client’s information confidential.
Discussions between clients and lawyers are kept
confidential.
“Filling the legal knowledge is the
easy one, but keeping the legal ethics is the
difficult one.”
Dr. Tin Aung Aye, 2005
Yangon University Professor of Law
COURT ETIQUETTE
Appropriate attire
Before court
Entering the courtroom
While waiting to appear
At the bar table
Leaving the bar table
 APPROPRIATE ATTIRE
To appear in the court in the
prescribed dress, and a
presentable manner.
To wear bands or gown in
courts only or ceremonial
occasions and not in public
places.
 BEFORE COURT
Preparedness for the court appearance is of
upmost importance
Use his best effort to avoid his client from
doing unfair practices
Arrive in court on time
 ENTERING THE COURT ROOM
When entering and leaving the
courtroom, acknowledge the
presence of a judge with a bow
Sit in the body of the courtroom in a
manner which minimizes disruption
 WHILE WAITING TO APPEAR
Inappropriate to talk loudly inside the
courtroom (and outside the courtroom
where they can be heard)
Disruptive manner to move around in
the courtroom
Mobile phones must be turned off
Should not play games or read
newspapers while waiting
 AT THE BAR TABLE
Always stand up straight and look the judge in
the eye when addressing
When addressing ,“Your Honour” is appropriate
to address men and women of the judiciary
Should always stand when addressing the Judge
 AT THE BAR TABLE
Never speak when someone else is
speaking (especially the Judge)
Speak clearly, show respect to the
court clerk and always spell difficult
words.
LEAVING THE BAR TABLE
The bar table must never be left unoccupied during
the hearing of a court list
Must remain at the bar table until they are given leave
of the court to vacate the bar table
Any Questions?
Thank You

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Ethics and Etiquette.pptx

  • 1. ETHICS AND ETIQUETTE : LAWYERS PRESENTED BY MIN EHANT KYI
  • 2. ETHICAL STANDARDS Independence Honesty and integrity Lawyer and client relationship Confidentiality
  • 3.  INDEPENDENCE A lawyer shall exercise independent, unbiased professional judgment in advising a client.
  • 4.  HONESTY AND DIGNITY The fundamental aim of legal ethics is to maintain the honor and dignity The object is always victory , not abstract the truth Be people of the highest integrity and honesty in their personal dealings— clients can feel secure in confiding them.
  • 5.  HONESTY AND DIGNITY Lawyers promote human dignity by giving the client voice and sparing the client the humiliation of being silenced and ignored.
  • 6.  LAWYER AND CLIENT RELATIONSHIP Once accepted than cannot withdraw from actions or engagements, without appropriate cause Not to overpower any material or evidence, which shall prove the innocence of the accused. Not to charge for his services depending on the success of the matter taken.
  • 7.  CONFIDENTIALITY  To keep information private It is an implied term in a contract between a lawyer and a client that the lawyer will keep the client’s information confidential. Discussions between clients and lawyers are kept confidential.
  • 8. “Filling the legal knowledge is the easy one, but keeping the legal ethics is the difficult one.” Dr. Tin Aung Aye, 2005 Yangon University Professor of Law
  • 9. COURT ETIQUETTE Appropriate attire Before court Entering the courtroom While waiting to appear At the bar table Leaving the bar table
  • 10.  APPROPRIATE ATTIRE To appear in the court in the prescribed dress, and a presentable manner. To wear bands or gown in courts only or ceremonial occasions and not in public places.
  • 11.  BEFORE COURT Preparedness for the court appearance is of upmost importance Use his best effort to avoid his client from doing unfair practices Arrive in court on time
  • 12.  ENTERING THE COURT ROOM When entering and leaving the courtroom, acknowledge the presence of a judge with a bow Sit in the body of the courtroom in a manner which minimizes disruption
  • 13.  WHILE WAITING TO APPEAR Inappropriate to talk loudly inside the courtroom (and outside the courtroom where they can be heard) Disruptive manner to move around in the courtroom Mobile phones must be turned off Should not play games or read newspapers while waiting
  • 14.  AT THE BAR TABLE Always stand up straight and look the judge in the eye when addressing When addressing ,“Your Honour” is appropriate to address men and women of the judiciary Should always stand when addressing the Judge
  • 15.  AT THE BAR TABLE Never speak when someone else is speaking (especially the Judge) Speak clearly, show respect to the court clerk and always spell difficult words.
  • 16. LEAVING THE BAR TABLE The bar table must never be left unoccupied during the hearing of a court list Must remain at the bar table until they are given leave of the court to vacate the bar table

Editor's Notes

  1. “The importance of ethics to the practice of law are; First, because lawyers are integral to the working-out of the law and the Rule of Law itself is founded on principles of justice, fairness, and equity. Second, lawyers are professionals. This concept conveys the notion that issues of ethical responsibility and duty are an inherent part of the legal profession. The legal profession especially must have the confidence of the community. Third, lawyers are admitted as officers of the court and therefore have an obligation to serve the court and the administration of justice. And finally, because lawyers are a privileged class for only lawyers can, for reward, take on the causes of others and bring them before the courts”
  2. # to maintain a respectful attitude and dignity towards courts
  3. According to the International Principles on Conduct for the Legal Profession (2019), “a lawyer shall maintain independence and be afforded the protection such independence offers in giving clients unbiased advice and representation. A lawyer shall exercise independent, unbiased professional judgment in advising a client, including as to the likelihood of success of the client’s case” (International Principles on Conduct for the Legal Profession 2019, International Bar Association, principle 1).
  4. Honor and Dignity: “The fundamental aim of legal ethics is to maintain the honor and dignity of the Law Profession, to secure a spirit of friendly co-operation between the Bench and the Bar in the promotion of highest standards of justice, to establish honorable and fair dealings of the counsel with his client opponent and witnesses, to establish a spirit of brotherhood in the Bar itself, and to secure that lawyers discharge their responsibilities to the community generally.” (Anand, 1972, p.63). In UN Basic Principles on the Role of Lawyers (1990) states that “lawyer shall at all times maintain the honor and dignity of their profession. Lawyers' duties include advising clients on their rights and obligations and assisting clients in every appropriate way and taking legal action to protect their interests; and assisting clients before courts, tribunals, and administrative authorities, where appropriate” (UN Basic Principles on the Role of Lawyers 1990, principle 12)
  5. Confidentiality: Herring (2017) states that “the ethical basis of the principle of confidentiality acts in several ways. A client has a right of privacy. This right to protection of private life is now seen as a fundamental human right. Lawyers have a special obligation flowing from their position in society and the trust imposed on them by their clients to keep information private. It is an implied term in a contract between a lawyer and a client that the lawyer will keep the client’s information confidential. There is a public interest in ensuring that discussions between clients and lawyers are kept confidential. It is in society’s interests that people are able to obtain the best possible legal advice” (Herring, 2017, pp.150-151.). The duty of confidence gives rise to an ethical obligation. In many places in the world, a breach of client confidentiality would be grounds for disciplinary action by local bar associations. There are exceptions, such as where the client consents, or where the lawyer is compelled by law to disclose, or where the wider public interest requires disclosure (MacFarlane, 2002)
  6. The appearance should be announced by the legal practitioner by introducing themselves and the party for whom they are appearing. For example, ‘If your honour pleases - [surname] for the defendant who is [or is not] present’. When addressing the bench “Your Honour” is appropriate to address men and women of the judiciary; “Sir” is an appropriate address for male members of the judiciary, however, do not use “ma’am” when addressing a female member of the judiciary as it may be seen as offensive. A legal practitioner should always stand when addressing the Judge or Magistrate, or when the Judge or Magistrate is addressing them. It is important to always speak from the bar table and not from elsewhere in the body of the court. A legal practitioner should never speak when someone else is speaking (especially the Judge or Magistrate, and including prosecution). Most importantly, legal practitioners should display graciousness, especially in defeat, and respond with ‘as Your Honour pleases’ or ‘may it please Your Honour’