Вы находитесь на странице: 1из 2

TUTORIAL 2 Tri 1_ 2016_2017

QUESTION 1
Critically comments on duties of counsel in Legal Profession by referring to the following
article:
THE HONEST LAWYER (1983) 2 CLJ 174
QUESTION 2
a) What does it mean to say that lawyers must uphold justice in society, and how should this
role be protected? Discuss.
Lawyers must uphold justice in society by upholding human rights and fundamental
freedoms recognized by national and international law. Not only that, based on Articles 16 of
the United Nations Basic Principles on the Role of Lawyers, the recognised principles is
firstly, the government must ensure that lawyers are able to perform their functions without
intimidation, hindrance, harassment or improper interference. This can be further elaborated
by saying that lawyers should be able to carry out their duties without any fear or arrest,
detention or intimidation to protect people facing violations of their human rights.
However, in 2015, Tahir Elci a Kurdish human rights lawyer was shot dead during press
conferece in Turkey. How should this role be protected is by the government must recognize
the crucial role that human rights lawyers play in upholding the rule of law, and investigate
any threats they may face.
Secondly, based on article 28 of the United Nation Basic Principles on the Role of Lawyers,
disciplinary proceedings against lawyers shall be brought before an impartial disciplinary
committee established by the legal profession, before an independent statutory authority, or
before a court and shall be subject to an independent judicial review. In other words, the
practitioners must comply with codes of professional conduct to ensure that they keep up to
their duties.
Some guidance is found in the Basic Principles on the Role of Lawyers adopted by the 8th United Nations
Congress on the Prevention of Crime and the Treatment of Offences (the UN Principles) in 1990 and intended
to assist member states. Among these internationally recognised principles are the following:
(i) All persons, in particular those facing arrest or detention for a criminal offence, must have access to lawyers
and
legal
services.
(ii) The duties of lawyers include not merely advising and acting for their clients, but also upholding human
rights
and
fundamental
freedoms.
(iii) The Government must ensure that lawyers are able to perform their functions without intimidation,
hindrance, harassment or improper interference.
(iv) The legal profession must have codes of professional conduct and lawyers who breach the code should be
subject to disciplinary proceedings.

b) Discuss the Cab Rank Rule and its exception under the LPPER 1978?
QUESTION 3
How to address the Court? Students are expected to show in a role play: In a court room
Character:
High Court judge
Plaintiffs lawyer
Defendants lawyer
Interpreter
OKT
Case: Criminal Breach of Trust (case is fixed for 1st mention)
Character:
Sessions Court judge
Plaintiffs lawyer
Defendants lawyer
Interpreter
I.O (as 1st witness)
Case: Accident case (case is fixed for Hearing)