Advocacy Law and Professional Ethics
The advocate's status
The Law on Advocacy defines the advocate as an independent professional providing legal assistance. Advocates must be members of the Chamber of Advocates, take an oath, and comply with the Code of Conduct. Know the requirements for admission, the bar examination, suspension and termination of status, and disciplinary liability.
Core ethical duties
- Independence: the advocate acts for the client, free from improper influence.
- Confidentiality: all information received in the course of the mandate is privileged, surviving the end of the relationship.
- Conflict of interest: an advocate may not represent clients with conflicting interests, nor act against a former client in a related matter.
- Competence and diligence: handle matters with the required skill and care.
- Dignity and integrity: no misleading the court, no false evidence, no improper contact with judges.
- Fees: must be lawful, agreed in writing, and not contingent on the outcome in prohibited ways.
Discipline
Breaches may lead to warning, reprimand, fine, suspension, or disbarment. Know the disciplinary body and the procedural guarantees.
Traps
- Believing confidentiality ends when the mandate ends (it does not).
- Missing that the advocate must withdraw when a conflict arises.
- Confusing the advocate's duty to the client with a duty to win; the advocate owes candour to the court.
- Assuming any fee arrangement is permissible.
Rule of thumb
When a scenario raises an ethical dilemma, apply: Is it lawful? Is it in the client's interest? Does it protect confidentiality? Is there a conflict? Would it withstand public scrutiny? A "no" at any step means decline or withdraw.