Legal Ethics and Professional Conduct
Legal Ethics and Professional Conduct
This domain tests the Legal Practitioners Act 2050, Nepal Bar Council Act 2050 and professional conduct rules: duties to court, client, profession and the public, confidentiality, conflict of interest, fees and discipline.
Core rules
- An advocate must act honestly, maintain dignity and not mislead the court.
- Confidentiality survives the end of the retainer, subject to law and client consent.
- A lawyer must avoid conflicts of interest and must not represent opposing parties in the same matter.
- Fees must be lawful and transparent; sharing fees with non-lawyers is restricted.
- Misconduct can lead to disciplinary action by the Bar Council.
Worked example
A lawyer is retained by P in a property dispute and later asked by D, the opponent, to advise on the same land. The lawyer must decline. The prior retainer creates a conflict and risks using P's confidential information. Even if the lawyer believes he can act fairly, the appearance of impropriety and the duty of loyalty require refusal.
Traps
Confidentiality is not absolute; law may require disclosure. Zealous advocacy does not permit fabricating evidence or coaching false testimony. Do not confuse withdrawal with abandonment; the court may require leave. Advertising and fee arrangements must comply with professional rules.