Page 1. Supplement "A" to The-Gzrmbia aze#te No.

18 of 4 Mdi
2011.

dal ISotice - No. 17 of 2011 REPUBLIC OF THE GAMBIA.

LEGAL PRACTITIONER'S ACT CAP 7.01 LAWS OF THE

GAMBIA 2009.

CODE OF CONDUCT FOR LEGAL PRACTITIONERS 2011.

IN EXERCISE of the powers conferred on the General Legal

Council by section 36 of the Legal Practitioners Act, this Code of
Conduct is made.

Citation.

Interpretation.

PART 1 - PRELIMINARY.

1. This code may be cited as the Code of Conduct for Legal

Practitioners 2011.

2. In this Code, except the context otherwise requires .

"Code" means the Code of Conduct for Legal Practitioners;.

Page 2.

Cap 7.01.

Object of the Code.

Designation of a Legal.

Practitioner.

Code-af-Conductfor Legal Practitioners 2011.

"Court" means any legally constituted court.

of tribunal;.

"Judge" includes a magistrate or any person presiding over a

legally constituted tribunal; and.

"Legal Practitioner" means a person enrolled to practice as a

lawyer under the Legal Practitioners Act and who is actively
engaged in the practice of law.

3. (1) The object of this Code is to restate standards of professional

etiquette and professional conduct for Legal Practitioners.

(2) This Code applies to all persons who are Legal Practitioners
and hold themselves out as practicing law in The Gambia whether
as a barrister or solicitor or both.

PART II - PROFESSIONAL CONDUCT OF A LEGAL

PRACTITIONER.

4. A person who is enrolled to practice law in The Gambia shall be

designated as a "Legal Practitioner" but may in relation to his or
her legal practice, call himself or herself a "Barrister-at-Law", an
"advocate" or a "Solicitor" and nothing else.

Page 3. Code of-Conduct for Legal Practitioners 201 i 3.

Prohibitions against practising other professions.

Other employment allowed for a Legal.

Practitioner.

Duty in relation to other Legal Practitioners.

5. A Legal Practitioner shall not act in the capacity of a doctor,

dentist, certified or chartered accountant, engineer, surveyor or
architect at the same time as he or she is practicing as a Legal
Practitioner.

6. (1) A Legal Practitioner may serve as a member of the National

Assembly or of a local authority, chairperson of a company or a
public corporation, mediator, arbitrator, conciliator, editor of legal
periodicals or a lecturer at an educational institution.

(2) A Legal Practitioner may act as a director or secretary of a

reputable company but not as Managing Director or Manager.

7. A retired Judge is only allowed to practice as a solicitor or

consultant .

8. A Legal Practitioner shall at all times uphold the dignity, honour

and high standing of the profession and shall desist from dishonest,
unjust and disreputable conduct, whether in his or her professional
life or otherwise.

9. (1) A Legal Practitioner shall report to the General Legal

Council any corrupt or dishonest conduct which has come to his or
her notice on the part of another Legal Practitioner.
Page 4. Code of Conduct for Legal Practitioners OHi-.

Conduct in court.

Mode of dress.

Peculiar ethical situations.

Duty to take up cases.

(2) A Legal Practitioner shall accept without hesitation, a brief

against another Legal Practitioner who has a case against his or her
client.

10. (1) Except for reasons of physical disability, a Legal

Practitioner shall rise when he or she is addressing or being
addressed by a Judge in open court.

(2) A Legal Practitioner shall not assume an undignified posture in

court and shall not, without the Judge's permission remove his or
her wig or gown in the court room.

11. A Legal Practitioner shall dress in an appropriate and dignified

manner at all times and abstain from wearing any apparel or
ornament calculated to attract. attention to himself or herself.

12. Where peculiar circumstances make it difficult for a Legal

Practitioner to decide on how to deal with a matter from an ethical
viewpoint, he or she shall seek guidance from his or her seniors or
direct a written enquiry to the General Legal Council.

PART III - RELATIONSHIP WITH CLIENT.

13. (1) A Legal Practitioner shall accept any brief in the courts in
which he or she professes to practice at an appropriate fee, which
may depend on the length and difficulty of the case.

Page 5. erode oftndt for Legal Practitioners 2011.

(2) Notwithstanding paragraph (1), a Legal Practitioner may

justifiably refuse to accept a particular brief .

(a) where there may be a conflict of interest;.

(b) where family or other relationships may cause an

--emvarrassment to him or her; or.

14. (1) Apart from his or her commitment to honesty, integrity and
dignity, a Legal Practitioner 's paramount concern and duty is to his
or her client, even where he or she acts gratuitously.

(2) A Legal Practitioner shall fearlessly uphold the interest of his or

her client without regard to any unpleasant consequences.

(3) A Legal Practitioner shall endeavour to.

prevent outside forces from influencing him.

or her to the prejudice of his or her client.

(4) A Legal Practitioner shall manage his or her client 's affairs in a
diligent manner and try to avoid delays, conflict of interest and
negligent conduct.

Page 6. 6 Code of Conduct for Legal Practitioners 2011.

Personal detachment.

Brief papers.

Confidential information.

Duty to retain briefs.

15. A Legal Practitioner shall bear in mind that the clients and not
the lawyers are the litigants, and shall not allow any ill-feeling
existing between clients to influence his or her conduct and
demeanour towards other Legal Practitioners.

14. (1) The papers in any brief delivered to a Legal Practitioner by

or on behalf of a client belong to the client and the Legal
Practitioner has no right without the client's consent to lend them
or reveal their contents to any person except where it is necessary
to do so for the proper and effective discharge of his or her duties.

(2) A Legal Practitioner has the right to retain such papers as a lien
for unpaid fees for services rendered to his or her client.

15. A Legal Practitioner shall not communicate to a third party,

information confided to him or her by or on behalf of his or her
client or use such information to his or her client's detriment.

16. Once a Legal Practitioner accepts a brief and is paid a fee, he

or she shall not return the brief on the ground that his or her client
has no case.

Page 7. Code of Conduct for LegaTPractitioners 2011 7

Withdrawal from 17. A Legal Practitioner may withdraw from.
a case a case during only for a good cause and shall withdraw (if
he or she must) only in such a way and at such time that will not
embarrass the client in the conduct of the proceedings.

Duty to restrain client.

Conflict of civil and criminal cases.

Client's money.

Cap 7:01.

18. (1) A Legal Practitioner shall use his or her best efforts to
restrain and prevent his or her client from doing those things which
the Legal Practitioner himself or herself ought not to do,
particularly with reference to the client's attitude towards the
courts, judicial officers, other Legal Practitioners and witnesses.

(2) If a client misbehaves despite the best efforts of his or her

lawyer, the lawyer may terminate the relationship.

19. If a Legal Practitioner is instructed in a civil case-which

clashes with the defence of an accused person in a serious criminal
case, he or she shall return the brief in the civil case.

20. (1) A Legal Practitioner shall not under any circumstances,

convert his or her client's money or other property to his or her
own use.

(2) On matters concerning clients' money, guidance shall be taken

from section 46 of the Legal Practitioners Act.
Page 8. 8 Code of Conduct for Leal Practitioners 2011.

Fees.

Fees on contingency basis.

Retainers.

PART IV - FEES.

21. (1) A Legal Practitioner shall charge reasonable fees for his or
her services depending on the scale, complexity, monetary amount
and length of time involved.

(2) The scale of fees contained in the schedule to this Code shall be
applied by all Legal Practitioners.

22. A Legal Practitioner may charge a fee on a contingency basis,

provided there had been a contingent fee agreement in writing
between him or her and the client clearly stipulating the terms.

23. (1) A Legal Practitioner may by agreement in writing take a

general retainer from a firm, company or other corporation for a
year or part of a year, although the period may be subject to
renewal .

(2) The retainer agreement may have the retained Legal

Practitioner as the client's general solicitor, but the Legal
Practitioner shall not regard any retainer fee as a salary, and may
charge a fee for each piece of work done by way of litigation or
conveyance.
Page 9. Code of Conduct for Lega Practitioners 2011 9.

24. (1) A Legal Practitioner shall bear in mind that a mortgagee

shall not compel a mortgagor to use a Legal Practitioner nominated
by the mortgagee to prepare a Deed of Release of the mortgage and
the mortgagee's Legal Practitioner is under a duty to advice the
mortgagee against any such compulsion.

(2) Any fee charged for a Deed of Release prepared by a Legal

Practitioner not instructed by the mortgagor shall be deemed to
have been paid by the mortgagee and not refundable by the
mortgagor.

25. (1) A Legal Practitioner for the vendor shall not compel a
purchaser to use his or services to prepare an assignment or
conveyance and the vendor's Legal Practitioner is under a duty to
advice the vendor against any such compulsion.

(2) Any fee charged for an assignment or conveyance prepared by

a Legal Practitioner not instructed by the purchaser shall be
deemed to have been paid by the vendor and not refundable by the
purchaser.

26. Where a client instructs more than one Legal Practitioner, the
junior counsel shall subject to prior agreement, be entitled to two
thirds of the fee payable to the lead counsel.

Page 10. Relationship with other Legal Practitioners.

Personal prootems between legal practitioners.

Briefs against other Legal Practitioners.

Support to the Gambia Bar Association.

PART V - RELATIONSHIP WITH OTHER LEGAL

PRACTITIONERS.

27. Every Legal Practitioner owes a duty at all times to maintain

the honour and dignity of his or her profession and to deal fairly
with all his or her colleagues at the Bar.

28. A Legal Practitioner's word to his or her colleague is deemed to

be his or her bond, and so a Legal Practitioner shall honour his or
her undertaking to another Legal Practitioner whether in or outside
the court .

29. Personal problems between Legal Practitioners shall not be

deliberately brought to the public domain without an attempt at
mediation or conciliation through a senior Legal Practitioner or
other suitable person.

30. A Legal Practitioner may take a brief against a colleague who

is a party to a suit but he or she shall wherever possible, invite his
or her colleague to discuss the matter with a view to a settlement
out of court.

31. A Legal Practitioner has a duty to support the Gambia Bar

Association in terms of time, human and financial resources in
order to promote its strength and standing and maintain its
independence.

Page 11. Code of Conduct for Legal Practitioners 2011 11.

Duty to report colleagues.

Duty to seek consent of a Legal.

Aft Practitioner.

Professional courtesy.

Order of Precedence.

32. A Legal Practitioner shall report a colleague engaged in

criminal activity or gross misconduct to the disciplinary body of
The Gambia Bar Association or the General Legal Council .

33. A Legal Practitioner shall not interview or otherwise

communicate anything about a pending case or matter directly with
any person whom he or she knows to be represented in that case or
matter by another Legal Practitioner without the latter's express
consent .

34. (1) A Legal Practitioner shall always show courtesy and respect
to other Legal Practitioners in court and so when counsel stands up
to make a genuine objection or observation, the other counsel who
has the floor shall sit down.

(2) A Legal Practitioner shall not resort to heckling as forensic

tactic.

35. (1) The order of precedence among Legal Practitioners in court

or in the conduct of professional business is as follows .

(a) the Attorney General; (b) the Solicitor General;.

(c) the Director of Public Prosecutions;.

Page 12. Code-of-Conduct for Legal Practitioners 2011.

(d) Parliamentary Counsel;.

(e) Legal Practitioners according to the date of their signing the

Roll;.

(2) The order of precedence among Legal Practitioners outside

court is as follows .

(a) the Attorney General; (b) the Solicitor General;.

(c) the Director of Public Prosecutions; and.

(d) Legal Practitioners according to the date of their signing the

Roll.

i i Relationship with the court.

36. (1) A Legal Practitioner is an officer of the court and shall

endeavour at all times to assist the court in legal matters whether
as. instructed counsel or as amicus curiae.

(2) A Legal Practitioner must never deceive the court but shall
always endeavour to fulfil any undertaking (whether oral or
written) he or she gives the court.

37. (1) The duty a Legal Practitioner owes to the court shall always
override his or her client's interest.

Page 13. Code of Conduct for Legal Practitioners 2011 13.

(2) It is the duty of a Legal Practitioner to reject the inclusion in his

or her pleadings of any allegation of fraud or other criminal or
defamatory matter, unless he or she has before him or her prima
facie evidence supporting such allegation.

(3) Although a Legal Practitioner has the duty to fearlessly defend

his or her client's interest, he or she should never allow personal
feelings to affect his or her duty to treat the court, counsel on the
other side and the witnesses with courtesy and respect.

(4) Notwithstanding the fact that counsel in court is no respecter of

persons based on wealth or status, he or she shall fairly endeavour
to elicit the truth from a witness he or she cross examines.

38. A Legal Practitioner shall not act on `,behalf of a client- in any

proceedings in.
which he or she knows that he or she is. likely to be called as a
witness, except where he or she is called only to give some purely
formal proof in evidence (for example, the due execution of some
document).

39. (1) A Legal Practitioner shall not allow himself or herself to be

made a channel for questions which are merely intended to insult,
annoy, defame or embarrass a witness or any other person.

Page 14. 14.

Code of Conduct for Legal-Practitioners 2011.

(2) A Legal Practitioner shall use his or her own judgement as to

the substance and format of the questions he or she intends to put
to witnesses.

Appearing for oneself in a case.

Appearance in a witness box.

Duty of senior counsel during an altercation in court.

Duty of counsel in the face of a provocative Judge.

40. A Legal Practitioner may appear in person in court in a case in

which he or she is a party, but he or she shall whilst so appearing
take off his or her wig.

41. Where a Legal Practitioner stands in the witness box, he or she

shall not wear his or her wig and robes.

42. In the event of a heated altercation between a Legal

Practitioner and a Judge, it is the duty of senior counsel present to
intervene by urging an adjournment for discussions at chambers
with a view to reconciliation.

43. Where a Judge persists in insulting or rudely obstructing a

Legal Practitioner during proceedings, the Legal Practitioner shall
not respond in the like manner, but he or she shall leave the court
room in a dignified manner and deliver a report to the Chief Justice
or utilise any available judicial complaints mechanism.

Page 15. Code of Conduct for Legal Practitioners 2011 15.

Subjudice.

Personal advertisement.

Touting.

PART VI - RELATIONSHIP WITH THE PUBLIC.

44. (1) Whilst a suit or matter is subjudice, a Legal Practitioner

shall desist from interacting with the press or other media
regarding the suit or matter.

(2) In particular, no public statement on matters relevant to the

pending case or matter shall be made by a Legal Practitioner.

45. (1) It is contrary to the etiquette of the Bar for a Legal

Practitioner to do or cause to be done anything with the primary
motive of personal advertisement.

(2) A Legal Practitioner may prefix his or her name with the word
"Lawyer" and announce himself as a "barrister-at-law" or "solicitor
and advocate" in a notice outside his or her chambers.

46. (1) A Legal Practitioner shall not tout or solicit business from
anyone.

(2) A Legal Practitioner shall not share by way of commission, his

or her professional remuneration with any person who is not a
Legal Practitioner.

Page 16. 16.

Code of Conduct for Legal Practitioners 2011.

Duty to prevent impersonation.

47. A Legal Practitioner shall not permit his or her firm's name or
his or her professional services to be used in any way which
enables an unqualified person to practice law.

PART VI - DUTY IN CRIMINAL CASES.

Duty to be present in court.

Delayed payment of fees.

Defending more than one accused at a trial.

Duty in cases of confession by accused.

48. A Legal Practitioner acting for the defence has a duty to be

present throughout the trial and if due to any unforeseen
circumstances, he or she has to be temporarily absent, he or she
shall ensure that he or she has the consent of his or her accused and
that the accused is not at any stage unrepresented.

49. Where a Legal Practitioner has charged a fee in a criminal case

and payment is not forthcoming at the agreed time he or she is
under no obligation to act further in the matter.

50. A Legal Practitioner may appear for more than one accused in a
criminal trial provided he or she has satisfied himself or herself
that there is no conflict of interests.

51. A Legal Practitioner to whom a confession of guilt is made by

his or her client must observe the following rules.

Page 17. Code of Conduct for Legal Practitioners 2011.

(a) if the con-fenmade before the proceedings have started, he or

she may continue to act only if the accused pleads guilty or if the
accused pleads not guilty, he or she may act subject to the
limitations referred to in paragraph (b);.

(b) If the confession is made during the proceedings or in such

circumstances that counsel cannot withdraw without compromising
the position of the accused, he or she shall continue to act subject
to limitations on the conduct of the defence such as.

setting up an affirmative case inconsistent with the confession such

as asserting or suggestingthat some other person committed the
offence charged,.

(ii) calling evidence in support of an alibi, or.

calling the accused to give evidence to deny the charges.

Page 18. Code of Conduct for Legal Practitioners 2011.

Duty to inform court about previous convictions of client.

Duty not to return brief in capital offences.

Prohibition of prosecuting counsel to address after mitigation.

52. A Legal Practitioner is under a duty to defend an accused

person on whose behalf he or she is instructed irrespective of any
belief or opinion he or she may have formed as to the guilt or
innocence of that person.

53. A Legal Practitioner shall not withdraw from a criminal case

and leave the accused unrepresented because of the conduct of or
anything said by the trial Judge unless the counsel considers that
by so doing, he or she is acting in the best interests of his or her
client .

54. If an accused person is convicted and the prosecution is asked

if there is any previous conviction and he or she informs the court
that there are none, but the defence counsel knows that there is a
previous conviction, he or she is under no duty to inform the court.

55. A Legal Practitioner shall not, save in exceptional

circumstances, return a brief for the defence of a person being tried
for a capital offence.

56. Prosecuting counsel has no right to address the court after

defence counsel or the accused has addressed the court in
mitigation unless invited by the court to assist it or to correct a
misstatement of fact or law.

Page 19. 1. Conveyances and Deeds of Assignments ..............up to

31/2% of the sum involved;.

2. Mortgages .........................up to 21/2 % of the loan;.

3. Leases .............................not more that 5% on the annual rent;.

leases ......................up to 11/2 % of the loan sum;.

These fees are subject to a minimum fee of D2000 or the

percentages indicted,whichever is the higher.

5. Litigation involving money ..............a maxuimum of 10% on the

sum concerned;.

6. The percentage chargeable on a contingency basis shall not

exceed 25%.

Chairman General Legal Council.