Professional Responsibility for

Lawyers Towards Client, Opposite

Party, Court, Society and State.

Radhika Budha
Roll no: 69
radhikabudha04@gmail.com
Content
What is Professional Responsibility of Lawyers?
Responsibility Towards Client.
-UN Basic Principles
Responsibility Towards Opposite Party.
Responsibility towards Court.
Responsibility Towards Society.
Responsibility Towards State.
Regulation on Professional conduct of Legal
Practitioners, 2079.
Cases
 True, we lawyers build no bridges. We raise no towers. We
construct no engines. We paint no pictures. There is little of all
that we do, which the eye of man can see. But we smooth out
difficulties; we relieve stress; we correct mistakes; we take up
other men's burdens and by our efforts we make possible the
peaceful life of men in a peaceful state.
-John Davis (American Lawyer)
 What is Professional Responsibility of Lawyers?
 As per the Cambridge Dictionary profession is any type of work that needs
special training or a particular skill, often one that is respected because
it involves a high level of education.
 A duty to deal with or take care of somebody/ something so that you may be
blamed if something goes wrong; or a duty to help or take care of somebody
because of your job, position
 A lawyer, as a member of the legal profession, is a representative of clients, an
officer of the legal system and a public citizen having special responsibility for the
quality of justice.
 As a representative of clients, a lawyer performs various functions. As advisor, a
lawyer provides a client with an informed understanding of the client's legal rights
and obligations and explains their practical implications. As advocate, a lawyer
zealously asserts the client's position under the rules of the adversary system. As
negotiator, a lawyer seeks a result advantageous to the client but consistent with
requirements of honest dealings with others. As an evaluator, a lawyer acts by
examining a client's legal affairs and reporting about them to the client or to others.
 In all professional functions a lawyer should be competent, prompt and diligent.
 Hence lawyers plays important role in Justice delivery system, without lawyer
proper judgement can not be done.
 Responsibility Towards Client.
 A legal practitioner should always consider best interests of the parties, prepare arguments,
keep the written documents of the parties safe, and provide receipts after receiving the
remuneration.
 Effective representation of parties should be made.
 Transactions of movable and immovable property should not be made with the parties to the
case.
 Retired district and high court judges should not plead for or against cases related to judgments
or orders passed when they were in the position of judge.
 After retiring from the service of Attorney General, legal practitioners who advocates should
not practice law in government cases registered during their term of office.
 Client should be made clear about service charge at the time of taking responsibility of cases.
And it should be reasonable.
 Provide skilled service, to advise the party to go to other expert legal practitioners for cases
that cannot be handled without expert knowledge, not to be prejudiced based on political
beliefs and low salary.
 Should updatedly inform every activities of cases to client.
 The should meet the clients per requirement in connection to the case.
 to maintain the confidentiality of the party.
 Not to advocate drafts and debates from both sides, not to be involved as a legal practitioner in
documents written or witnessed by the parties.
 The property of clients remained under the custody of lawyers is not allowed to abuse or
privately use.
 Not to re-litigate, advise or engage as a legal practitioner, in a matter which has once been
 UN Basic Principle on Role of Lawyers
P.12. Lawyers shall at all times maintain the honour and dignity of their profession as
essential agents of the administration of justice.

P.13. The duties of lawyers towards their clients shall include:

(a) Advising clients as to their legal rights and obligations, and as to the working of
the legal system in so far as it is relevant to the legal rights and obligations of the
clients;
(b) Assisting clients in every appropriate way, and taking legal action to protect
their interests;
(c) Assisting clients before courts, tribunals or administrative authorities, where
appropriate.

P.14. Lawyers, shall seek to uphold human rights and fundamental freedoms recognized by
national and international law and shall at all times act freely and diligently in
accordance with the law and recognized standards and ethics of the legal profession.

P.15. Lawyers shall always loyally respect the interests of their clients.
Responsibility Towards Opposite Party
 Not having improper meetings with the opposing party,
 Not having a solicitous relationship,
 Not misappropriating and damaging the documents of one's party
based on the opinion of the opponent,
 Not having a bad relationship with the opponent,
 Not showing anger and malice towards the opponent and the
opponent's legal practitioner, and have fair and reasonable behavior.
 Do not provoke the opponent, as well as witnesses and stakeholders of
the opponent,
 Do not obstruct the presence of the opponent in court,
 Do not criticize or comment outside the court about the work done by
the opponent's lawyer in the courtroom,
 Do not cause harm to one’s party by collaborating with opposite party
for the financial gain and other selfish activities.
 Responsibility Towards Court
 When appearing in the court regarding the case, one should show respect to the national
service employee and when arguing before the court, he should present himself in a
dignified and polite manner and maintain the dignity of the court.
 Knowingly, no false details or facts should be presented in the court which are not in
document (मिसिल) of the case.
 Not to submit false evidence and documents .
 Do not act or cause to act any activities defaming the court,
 Not to do or cause to do illegal or unfair work by keeping judges, staffs of court and court
in undue influence.
 There will be a legal duty to provide amicus curiae (free voluntary service) when
requested by the court.
 shall be punctual to the court;
 shall appear in court in prescribed dress with black coat;
 shall show due respect to the Bench and opposing Counsel;
 shall treat with courtesy to the officers/staffs of the Court;
 shall plead his case with due respect to the Bench only when his turn comes up.
 Shall to plead overruled precedent, repealed or amended law, knowingly.
 shall not appear before a court under the influence of any intoxicating drinks or drug the
Responsibility Towards Society
 Should present themselves in society as social activists.
 Maintain good neighborliness in the society.
 Not to embezzle fund of social organization.
 People of the society should not be made to suffer by filing false and
fictitious cases which are contrary to the basis principles of social values
and ethics.
 The relevant Bar and Nepal Bar Association if requested, legal literacy
and legal education should be provided freely.
 To file PIL in context of public right and concerns.
 shall not commit any act contrary to the basic principles of morality.
 shall not fabricate a case with an intention to harass or to avenge any
person
 shall not misappropriate the funds of any organization or association.
 shall not commit any kind of corruption related offence.
 shall not commit any crime related to moral turpitude.
Responsibility Towards State
Legal practitioners must pay business tax to the local
government specified by state. The VAT or income tax or
house maintenance taxes as specified by the court and get
a tax payment certificate on time.
No work should be done by deteriorating or falsely using
prevailing laws or rules of state.
When the state needs, they should rise above the self
interest and provide expert facilities in an academic and
intellectual manner.
Must stand with rule of law and democracy in full
compliance with the Constitution and laws of the state.
 Rule of code of conduct, 2079
 Not to do any act for the purpose of professional promotion
 Not to do any act with the intention causing harm, insulting or impugning the judiciary,
judges, employees and legal colleagues by any means
 Maintain privacy of party
 Shall not appoint any broker or serve brokerage (commission) in consideration to supply of
case to anyone.
 Unnecessary obstacle should not be created in judicial process.
 Behave respectfully and amicably
 Not to represent both party in a same case.
 Anything that undermine the achievement of the objective of Nepal Bar Association should
not be done.
 Maintain court decorum
 Shall not issue any statement or give any interview through any means before or after the
pleading on the case that is being in process of hearing.
 During the examination of witness personality and character of the witness can not be
questioned.
 Timely pleading
 Silent to be maintained at the place which is declared as silent zone.
 Should not give personal protection to accused.
 Reasonable fee
 Supreme Court Decisions on Duties and Responsibilities of Legal
Professionals.
 Chakralal Shrestha v. Appellate Court of Patan et. al. D.N. 7841
"Legal Professionals have a very special role and they make special contribution
in administration of justice. Advocates are not only the assistants of the court
but also the "Officers of the court“
A legal professional must always seek truth and advocate for the truth and right.
They must always obtain legit means to provide justice to the ones that have
suffered from Injustice. This is the main "dharma" of a legal professional. While
in discharging their duties, legal professionals may to some extent create a
mountain of a mole-hill or exaggerate their client's situation, it is immoral for a
legal professional to create a mountain out of nothing. This will only cause a
disadvantage to his parties and pollute the justice administration process.
A legal professionals should be limited within the boundaries when he pleads,
The pleadings that go beyond the boundaries cannot be considered in the case.
A legal Professional should never mislead the bench by untrue things that
cannot be substantiated by law or the facts.. Hence a legal professionals must
keep their actions as well as pleading complying with the code of conduct and
professional ethics.
 Bal Krishna Neupane v. HMG, Secretariat of Council of
Ministers et. al. (6396)
The court acknowledged role of the petitioner as an advocate
to continuously bring the court's attention to issues of
national importance. The court states that it is exemplary of
the legal professionals in a civic society to discuss and study
and represent the public at large in matters of public stake
and public interest.

Bringing the dispute related to the sale of the property and

business of government company to the courtroom and
creating public curiosity on the matter and making the public
aware of it, especially in the current background of
deteriorating character in public officials, is definitely seen as
an admirable act.
Badri Bahadur Karki V. CIAA, D.N. 7001
Fact
 Attorney general regarding the case of illegal export of Indian Rupees of 500 notes by
Sunil Maske, finalized the decision not to proceed the case and return the money to
him.
 The complaint is made to the CIAA that there is an offence of corruption in relation to
the decision made by Attorney General. So the Commission asked for explanation
regarding that decision with Attorney General.
 The writ petition was filed by the Attorney General arguing that the Article 110(2) of
the Constitution of Kingdom of Nepal, 2047 provides only the Attorney General with
the right to make the final decision whether or not to prosecute a case before any court
or judicial officer on behalf of HMG. So the decision of Attorney General can not be
questioned and the commission has no right to investigate or interfere in this matter.

Decision Made by the Court

 The list of post outside the comissions jusrisdiction did not include the post of
Attorney General and also the office of Attorney General has not been assigned to the
officials who have been excluded from the jurisdiction of CIAA by Constitution it
self. Hence it can not be said that CIAA does not have jurisdiction to investigate
improper action or corruption caused by Attorney General.
Continue..
 The Constitution has accepted the Attorney General as an expert in the law.
So the Attorney General has the right to advise, the right to represent the
government, the right to appear before any court office or official, the right
to be present in Parliament, the right to prosecute or defend e.tc. with all
other rights, privileges and immunity as provided to professional person or
entity as per the Constitution and Laws.
 No one has the right to question such acts done by the Attorney General
using his discretion in good faith. In that regard, he has been granted
professional immunity. The CIAA cannot have jurisdiction over such
actions of the Attorney General.
 Only if it is seen that the Attorney General has committed improper actions
or corruption in the course of fulfilling his duties, the CIAA can investigate
and inquiry.
 The writ petition was dismissed.
 Narendra Bahadur Chand V. CIAA, D.N 7082
Fact
 The District Administration Office sends a letter of investigation to the district
police stating that Liakata Kha is an Indian Citizen and since she is leaving in
Nepal, there was a possibility of forged citizenship. But when investigating
officer investigate, there was no factual and concrete evidence regarding the
forgery and an opinion was submitted that there was an offence under
Citizenship Act, 2020. so the case was filed by public prosecutor (Narendra
Bahadur Chand) according to that Act as per the authority delegated by Attorney
General.

CIAA argument
 Liakata kha was given an illegal advantage by knowingly imposing non
applicable Act, as per which the plaintiff’s claim could not be reached in the
case, with bad intention of providing illegal benefit. Hence the public prosecutor
and CDO misused their authority and committed the offence of corruption .
 They had done a job of protecting the Non-Nepali citizen who had obtained
citizenship by forgery, by applying irrelevant law to lighten the case. So the
complain was filed under Corruption Control Act.
Decision
• The law and justice did not agree to interpret that only the work
and duties of attorney general will be delegated to the district
Government Attorney, and he will not receive the same
protection and functional freedom. And no action can be taken
against Public prosecutor or defamation case will be conducted
based on the fact that the public prosecutor advocated or argued
accordingly.
• Public Prosecutor also get the professional immunity for such
action done with good intention and within the scope of
professional conduct.
• Same precedent was advocated established in before case of
Badri Bahadur Karki
• CIAA had no jurisdiction so the complain was null and void.
Thank you