Advocacy Ethics and Professional Conduct
This section covers Advocacy Ethics and Professional Conduct and tests confidentiality, conflicts, candour, fees, and courtroom conduct.
Duties of the advocate
Omani advocacy ethics require competence, honesty, confidentiality, and loyalty to the client within the law. An advocate must not mislead the court, fabricate evidence, or coach false testimony. Confidentiality survives the end of the retainer. A conflict of interest must be disclosed and avoided, especially where the advocate has represented the opposing party or has a personal stake. Fees must be agreed clearly and not shared with non-lawyers where prohibited.
Court conduct
- Be punctual and respectful to judges, staff, and opponents.
- Sign pleadings only when you have a proper basis.
- Do not communicate directly with a represented opposing party.
- Keep client funds separate and account for them.
Worked example
An advocate is retained by a company in a contract dispute. He discovers that his firm previously advised the opposing company on the same contract. He does not disclose this and continues. That is a conflict of interest. The proper course is to disclose, withdraw if necessary, and obtain the client’s informed consent only if the conflict is waivable and the law permits. Continuing risks disqualification, discipline, and a challenge to the proceedings.
Traps
Do not confuse zealous advocacy with misleading the court. Do not disclose client confidences to gain advantage. Do not accept a case after a conflict appears. Do not draft a pleading without evidence. Do not agree to a success fee that is unlawful.