Advocacy Law, Legal Ethics, and Professional Conduct
Advocacy law
Advocacy law defines the status of the advocate, the forms of legal aid, and the guarantees of independence. Know the rights and duties of the advocate, the types of legal aid (consultation, representation, defense), and the grounds for refusal or termination of a mandate. Understand the rules on advocate secrecy and the guarantees against interference.
Ethics and conduct
Ethics covers loyalty to the client, confidentiality, conflict of interest, honesty toward the court, and restrictions on advertising and fees. Traps: assuming the advocate must follow every client instruction (the advocate must refuse unlawful instructions); confusing confidentiality exceptions (client consent, statutory disclosure); overlooking the conflict-of-interest check for former clients.
Professional conduct
Know disciplinary liability and its grounds, and the distinction between the advocate's duty to the client and duty to the court.
Rule of thumb
When ethics questions arise, apply three tests: Is the instruction lawful? Is there a conflict? Does it breach confidentiality?
Worked example
A client asks the advocate to present evidence the advocate knows is false. The advocate must refuse and may terminate the mandate; loyalty does not override the duty of honesty to the court.