Conduct of Advocate with Regard to the Public Generally

Chapter XII: Conduct with Regard to the Public Generally & Administration (Rules 168–175-B)

• Scope: Rules 168 to 175-B of Chapter XII describe an advocate's conduct with regard to the public generally.
• Authority Framework: The Pakistan Bar Council prescribes the standards of professional conduct and etiquette to be observed by advocates.
• Self-Advertisement: Any form of self-advertisement by a practicing member of the Bar is contrary to the etiquette and amounts to a breach of etiquette of profession.
• Fiduciary Obligation: Standing in a fiduciary relation with a client, an advocate must disclose all information to client.
• Discontinuing Appearance: After accepting a vakalatnama, a lawyer can discontinue to appear only after obtaining proper discharge.
• Nature of Relationship: The relationship between a lawyer and his client is fiduciary in nature, delicate, and confidential.
• Professional Ethics: A written or un-written code of conduct shaping a lawyer's behavior towards the Client, Advocate, and Court.
• Nature: Cannot be crystallized into rigid rules; felt by the collective conscience.
• Finding the Truth: The best means of finding out the truth between two contending parties is to hear each side through Advocates. A lawyer is duty-bound to help the Court in finding out the Truth, and can seek an adjournment only For proper reasons.
• While reasoning, a lawyer must avoid sarcasm, dogmatic assertions, and loud words, meaning they must resort to None of these options.
• Where more than one advocate is engaged on any side, it is the right of the most senior member to lead the case, unless the senior wants otherwise.
• Core Rules 

• Rule 168 (Spiteful Litigation): An advocate shall not accept employment to prosecute or defend a case out of spite or for the purpose of harassing anyone or delaying any matter.
• Rule 169 (Adverse Treatment): An advocate should always treat adverse parties and witnesses with fairness and due consideration; a lawyer must treat an adverse witness fairly.
• Rule 170 (Harassing Defense): An advocate must decline to conduct a civil cause or to make a defense when convinced that it is intended merely to harass.
• Rule 171 (Declining Employment): An advocate has right to decline professional employment because no advocate is obliged to act for every person.
• Rule 172 (Statute Compliance): An advocate must observe the statute law and advise his client to observe the statute law .
• Rule 173 (Public Officer Contact): An advocate shall not communicate with nor appear before a public officer or board without first disclosing that he is an advocate representing affected interests.
• Rule 174 (Past Judicial Actions): An advocate should not accept employment as an advocate in any matter upon the merits of which he has previously acted in a judicial capacity.
• Rule 174-A (Designation Prohibitions): No Advocate will use a prefix or suffix of his previous designation or post—such as Retired Justice, Ex-Judge, or Ex-Attorney General —on their visiting cards, name plates, or sign boards (all of these) during their period of active practice.
• Rule 174-B (Sign Board Dimensions): An advocate can display a board of his name up to a maximum size of 2' x 2'.
• Rule 175(1) (Dual Employment Banned): An advocate shall not join or carry on any other service, business, or profession (all of these) in any semi-Government, autonomous body, public, or private organization.
• Rule 175-A (Professional Misconduct): Non-observance or violation of the canons of professional conduct and etiquette mentioned in Chapter XII amounts to professional misconduct, making him liable for disciplinary action.
• Rule 175-B (Gross Misconduct): Non-observance or defiance of decisions or instructions of the Pakistan Bar Council shall be deemed a gross professional misconduct.
• Discontinuing Appearance: After accepting a vakalatnama, a lawyer can discontinue to appear only after obtaining proper discharge. Fiduciary Obligation: Standing in a fiduciary relation with a client, an advocate must disclose all information to client. Nature of Relationship: The relationship between a lawyer and his client is fiduciary in nature, delicate, and confidential.