Legal Ethics, Professional Conduct and Practice Management
Framework
The Legal Practitioners Act 15 of 1995 and the Law Society of Namibia regulate admission, enrolment, discipline and practice. Practitioners owe duties to the court, to clients, to third parties and to the profession. A practitioner must be candid with the court and may not mislead it, must act competently and diligently, must keep client confidences, and must avoid conflicts of interest. Confidentiality continues after the relationship ends; legal professional privilege belongs to the client.
Trust money
Client funds must be held in a separate trust account, recorded accurately, and audited. Trust money may not be used for the practitioner's own purposes; misappropriation is both professional misconduct and a criminal offence. An undertaking given by a practitioner is personally binding.
Fees and practice management
Fee agreements should be in writing; contingency fee agreements are not permitted. Advertising is allowed but must not be misleading or amount to touting. Under the Financial Intelligence Act 13 of 2012, practitioners must conduct client due diligence, keep records and report suspicious transactions.
Worked example
An attorney acts for a buyer in a property transfer and is then asked to act for the seller in litigation against that same buyer. The concurrent conflict cannot be cured by confidentiality alone; the attorney must decline or withdraw with the court's leave, because loyalty to the former client and the appearance of impropriety are at stake.
Traps
Treating confidential information as if it were privileged; failing to disclose a conflict; and using trust money to cover office expenses.