Legal Ethics, Professional Conduct and Advocacy
Core Concepts
The legal profession in Bahrain is regulated by the Advocacy Law (Law No. 26 of 1980) and the Code of Professional Conduct. Key duties: loyalty to the client, confidentiality (سرية), conflict of interest, and duty to the court. Lawyers must maintain independence and avoid advertising that is misleading. Advocacy includes the duty to provide competent representation and to act in the client's best interest within the bounds of the law.
Traps and Distinctions
A common trap is the duty of confidentiality versus the duty to disclose. A lawyer must not disclose client confidences without consent, even if it would benefit the client, unless required by law (e.g., to prevent a crime). Another trap: conflict of interest – a lawyer cannot represent both parties in a dispute, even if they consent. Also, a lawyer cannot withdraw from a case without good cause and court approval.
Worked Example
A lawyer learns that his client intends to commit perjury. The lawyer must advise the client against it and, if the client insists, may withdraw from the case. The lawyer cannot disclose the intended perjury to the court without the client's consent, but may take steps to prevent it (e.g., not calling the client as a witness).
Rule of Thumb
Always ask: (1) Is there a conflict? (2) Is the client's instruction lawful? (3) Have I obtained informed consent for any waiver of confidentiality? Remember that the duty to the court may override the duty to the client in certain circumstances (e.g., preventing fraud).