Regulations

Question 1

What is the name of the Advocates PC Regulations?

Answer 1

The Advocates (Professional Conduct) Regulations Statutory Instrument 267. —2.

Question 2

What is an advocate’s duty regarding client communication?

Answer 2

An advocate must;
a) promptly execute client instructions without unreasonable delay including answering of correspondence dealing with the affairs (Reg 2(2)), b) ensure personal appearance in court or properly delegate representation (Reg 5(1)) and
c) maintain transparent and timely accounting for all monies held in respect of client (Reg 8 & 29)

Question 3

When can an advocate act for a client?

Answer 3

An advocate can only act for a client if:

They have received direct instructions from the client, OR
They have received instructions from the client’s duly authorized agent.
(Reg 2(1))
AKA Formalising Instruction

Question 4

What should an advocate do if they cannot appear in court personally?

Answer 4

An advocate must:

First, try to appear personally or assign a partner/professional assistant from their firm (Reg 5(1))
If that is not possible, they must brief another advocate who is acceptable to the client.
Exception: If the matter is of minor decisive value to the case’s outcome, client approval for the substitute advocate is not required (Reg 5(2))

Question 5

When can an advocate withdraw from representing a client?

Answer 5

An advocate may withdraw if:

(a) The client withdraws instructions. (Reg 3(1)(a))
(b) The client asks for actions that could lead to professional misconduct or contradict the advocate’s advice. (Reg 3(1)(b))
(c) The court permits the withdrawal. (Reg 3(1)(c))
(d) The client fails to pay agreed fees and disbursements. (Reg 3(1)(d))

Question 6

How can an advocate withdraw from representing a client?

Answer 6

An Advocate;
Must give sufficient notice to the client, court, and the opposite party of their intention to withdraw. (Reg 3(2)(a))
Must refund proportionate unearned fees to the client. (Reg 3(2)(b))

Question 7

What are the financial responsibilities of an advocate as it relates to clients’ money?

Answer 7

An Advocate;
Cannot use client money for personal or third-party benefit. (Reg 8(1))
Must fully disclose payments received and deductions made. (Reg 8(2))
Must refund any excess retainer if the work done is less than the amount paid. (Reg 8(3))

Question 8

Is an advocate prohibited from acting against a former client?

Answer 8

An advocate shall not accept instructions in any matter—whether contentious or non-contentious—if:

The matter involves a former client, AND
The advocate possesses confidential information from previous representation that could prejudice the former client. (Reg 4)

Question 9

What is an advocate’s responsibility regarding client work?

Answer 9

An advocate is personally responsible for work done on behalf of a client.
Must supervise or arrange for another advocate in the same firm to supervise work done by nonprofessional employees. (Reg 6)

Question 10

Can an advocate take advantage of a client’s weaknesses?

Answer 10

NO
An advocate shall not exploit a client’s:

Inexperience
Lack of understanding
Illiteracy
Any other personal shortcoming
(Reg 11)

Question 11

What duty does an advocate have when advising a client?

Answer 11

Must always act in the client’s best interest.
🚫 Cannot knowingly or recklessly encourage litigation or transactions that:

Are against the client’s best interests.
Amount to an abuse of court process.
(Reg 12)

Question 12

What obligations does an advocate have when making undertakings/taking instruction?

Answer 12

🚫 An advocate shall not:

(a) Give an undertaking they cannot fulfill.
(b) Knowingly breach an undertaking.
(Reg 14)

Question 13

Can an advocate include false information in an affidavit?

Answer 13

NO
n advocate must not include in an affidavit:

Anything they know is false.
Anything they have reason to believe is false.
Reg 15

Question 14

What must an advocate do if they discover false evidence?

Answer 14

An advocate must inform the court if they discover that:

A person has sworn a false affidavit.
A person has given false evidence.
Reg 16

Question 15

Must an advocate disclose important knowledge to the court?

Answer 15

Yes. An advocate must not allow a court to be misled by remaining silent if:

The information would affect the proceedings, decision, or judgment.
An irregularity is discovered before judgment, it must be reported without delay.
Reg 17

Question 16

Can an advocate coach a witness before they testify?

Answer 16

🚫 No. An advocate must not:

Coach or allow someone else to coach a witness.
Call a witness they know or suspect has been coached.
Reg 18

Question 17

Can an advocate influence a witness for their client’s benefit?

Answer 17

🚫 No. An advocate must not:

Intimidate or induce a witness to alter their testimony.
Prevent a witness from telling the truth or giving evidence.
Reg 19

Question 18

What are the fundamental ethical duties of an advocate in legal practice?

Answer 18

✅ 1. Personal Responsibility & Client Protection

Supervision of Client Work – An advocate is personally responsible for all client matters and must supervise nonprofessional staff. (Reg 6)
No Exploitation of Clients – Cannot take advantage of a client’s inexperience, illiteracy, or other vulnerabilities. (Reg 11)
Diligent & Honest Advice – Must act in the client’s best interests and not encourage frivolous litigation. (Reg 12)
✅ 2. Honesty & Integrity in Legal Practice

Truthfulness in Affidavits – Must not include false information in an affidavit. (Reg 15)
Informing Court of False Evidence – If false evidence is discovered, the advocate must disclose it. (Reg 16)
Duty to Advise Court on Special Knowledge – Cannot allow the court to be misled by remaining silent. (Reg 17)
✅ 3. Professional Conduct with Opposing Parties & Witnesses

Undertakings – Cannot make promises they cannot fulfill or breach an undertaking. (Reg 14)
No Coaching Witnesses – Cannot prepare a witness to give false or rehearsed testimony. (Reg 18)
No Witness Intimidation – Cannot pressure or induce a witness to alter or withhold evidence. (Reg 19)

Question 19

When can an advocate disclose client information?

Answer 19

🚫 An advocate must not disclose any information obtained while acting for a client, except in cases where:

Disclosure is necessary for handling the client’s affairs.
The law requires disclosure.
Reg 7

Question 20

When must an advocate avoid involvement in a client’s case due to conflict of interest?

Answer 20

🚫 1. Personal Involvement in a Case (Reg 9)

An advocate must not appear in a case where they are likely to be a witness.
If it becomes clear during proceedings that they must testify, they must withdraw, unless the testimony is formal or non-contentious.
🚫 2. Fiduciary Duty to Clients (Reg 10)

An advocate must not use their fiduciary position for personal gain.
Any personal interest in a client’s transaction must be fully disclosed.

Question 21

What does fiduciary position mean?

Answer 21

A fiduciary position refers to a legal and ethical duty where one party (the fiduciary) is entrusted to act in the best interests of another party.
For an advocate, this means:
✅ Acting loyally and honestly for the client.
✅ Avoiding conflicts of interest that could compromise their duty.
✅ Disclosing any personal interests that could affect their professional judgment.

Question 22

Can an advocate make deals with public officers to influence a criminal case?

Answer 22

🚫 No. An advocate must not enter into an arrangement with a public officer to:

Secure an acquittal for a client.
Reduce criminal charges against a client.
Influence or alter evidence in a case.
✅ Exception: If the arrangement follows proper legal practice (e.g., lawful plea bargaining).
Reg 13

Question 23

How is touting prohibited in legal practice?

Answer 23

🚫 An advocate must not seek clients unfairly by:

(a) Approaching accident victims directly or hiring others to do so.
(b) Influencing people (e.g., police, hospital staff) to recommend their services.
(c) Accepting cases from intermediaries who solicit clients in exchange for payment or benefits.
Reg 22

Question 24

Can an advocate engage in other business activities?

Answer 24

🚫 No. An advocate must not engage in any trade or profession that:

The Law Council deems unbefitting of legal dignity.
Could compromise the advocate’s professional reputation and independence.
Reg 30

Question 25

What unethical activities are advocates prohibited from engaging in?

Answer 25

🚫 1. Unlawful Arrangements with Public Officers (Reg 13) Advocates must not make deals with public officers to: Secure an acquittal or lesser charges for a client. Influence or alter evidence in a case. ✅ Exception: If done within proper legal practice (e.g., lawful plea bargaining). 🚫 2. Touting & Soliciting Clients (Reg 22) An advocate must not unfairly seek business by: Approaching accident victims directly or through hired agents. Influencing people in positions of authority (e.g., police, hospital staff) to refer clients. Accepting cases from third parties who solicit clients in exchange for fees or benefits. 🚫 3. Engaging in Unbefitting Trade or Business (Reg 30) An advocate must not engage in a trade or profession that: The Law Council deems unbefitting to legal practice. Could damage the dignity or independence of the profession.

Question 26

Can an advocate comment on ongoing or anticipated litigation in the media?

Answer 26

🚫 No. An advocate must not make announcements or comments in: Newspapers, radio, television, or any other news media. Any case that is pending, anticipated, or ongoing, whether they are involved in it or not. Reg 20

Question 27

What are the restrictions on an advocate’s nameplate or signboard?

Answer 27

✅ Allowed: Must be within 36 cm × 25.5 cm in size. Can contain the word "Advocate", name, place of business, and professional qualifications. Can indicate if the advocate is a Notary Public or Commissioner for Oaths. 🚫 Not Allowed: Must be sober in design (as per the Law Council’s opinion). Cannot use a firm name containing the name of a former partner who has ceased practicing (with a 5-year transition period). Cannot include non-legal qualifications or past/present public body appointments. Reg 24

Question 28

How is an advocate restricted from advertising?

Answer 28

🚫 An advocate must not: Allow their name or profession to be used in any commercial advertisement. Print their name or firm name in bold or distinctive type in directories (e.g., telephone directories). Include their name in classified or trade directories. Reg 25

Question 29

When can an advocate take over a client from another advocate?

Answer 29

Reg 21 ✅ An advocate may act for a client already represented by another advocate only if: They obtain the consent of the current advocate. The former advocate has refused to act further. (Reg 21(2)(a)) The client has withdrawn instructions from the former advocate with proper notice. (Reg 21(2)(b))

Question 30

Can an advocate publish articles or give press statements about themselves?

Answer 30

Reg 23 🚫 No. An advocate must not: Publish articles or photographs about themselves in news media. Give press conferences or statements that publicize their status as an advocate. ✅ Exceptions: An advocate may write or answer questions on legal topics but cannot disclose their name unless permitted by the Law Council. (Reg 23(2)) If the Law Council cannot convene, its chairperson may grant permission. (Reg 23(3)) These restrictions do not apply to legal or educational journals. (Reg 23(4))

Question 31

Can an advocate charge fees based on a percentage of the judgment?

Answer 31

Reg 26 🚫 No. An advocate must not enter into an agreement to: Take a percentage of the judgment as their fee. (Reg 26(a)) Advance money to a client for case expenses in exchange for a share of the judgment. (Reg 26(b))

Question 32

Can an advocate lend money to a client?

Answer 32

🚫 No. An advocate must not advance money to a client except for: ✅ Disbursements strictly related to the case. Reg 27

Question 33

What are the rules regarding an advocate’s fees?

Answer 33

Reg 28 🚫 An advocate must not: Charge fees below the rates set by the Advocates (Remuneration and Taxation of Costs) Rules. (Reg 28(1)) Charge excessive or extortionate fees where no specific fees are set. (Reg 28(2))

Question 34

What constitutes professional misconduct for an advocate?

Answer 34

Reg 31 🚫 An advocate commits professional misconduct if: They commit any offence under the Advocates Act. (Reg 31(1)) Their conduct, whether in legal practice or outside it, is deemed unbecoming by the Disciplinary Committee. (Reg 31(2))