Revised Laws of Saint Lucia (2021)

Schedule 3

(Section 35)

PART A
CODE OF ETHICS

GENERAL GUIDELINES

I. In Relation to the profession and oneself

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   1.   An attorney-at-law shall observe the rules of this Code, maintain his or her integrity and the honour and dignity of the legal profession and encourage other attorneys-at-law to act similarly both in the practice of his or her profession and in his or her private life, shall refrain from conduct which is detrimental to the profession or which may tend to discredit it.

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   2.   An attorney-at-law shall expose without fear or favour before the proper tribunals unprofessional or dishonest conduct by any other attorneys-at-law and shall not lightly refuse a retainer against another attorney-at-law who is alleged to have wronged his or her client or committed any other act of professional misconduct.

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   3.

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   (1)   An attorney-at-law shall scrupulously preserve his or her independence in the discharge of his or her professional duties.

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   (2)   An attorney-at-law practising on his or her own account or in partnership, shall not engage in any other business or occupation if doing so may cause him or her to cease to be independent.

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   4.   An attorney-at-law shall protect the profession against the admission into it of any candidate whose moral character or education renders him or her unfit for such admission.

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   5.

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   (1)   An attorney-at-law shall not endeavour by direct or indirect means to attract the clients of another attorney-at-law and where a client is referred to him or her by another attorney-at-law the client remains for all other purposes the client of the referring attorney-at-law and the attorney-at-law to whom the client is referred shall act with due deference to the relationship between the client and the referring attorney-at-law.

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   (2)   Where a referred client offers other work to the attorney-at-law to whom he or she is referred and the offer is sufficiently proximate to the referral, that attorney-at-law shall not accept that offer unless it has been brought to the attention of the referring attorney-at-law.

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   6.   An attorney-at-law may speak in public or write for publication on legal topics so long as he or she does not thereby advertise his or her own professional competence and is not likely to be regarded as being concerned thereby with the giving of the individual advice.

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   7.   The best advertisement for an attorney-at-law is the establishment of a well merited reputation for personal integrity, capacity, dedication to work, fidelity and trust and it is unprofessional—

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      (a)     to solicit business by circulars or advertisements or interviews not warranted by personal relations; or

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      (b)     to seek retainers through agents of any kind.

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   8.   An attorney-at-law shall defend the interests of his or her client without fear of judicial disfavour or public unpopularity and without regard to unpleasant consequences to himself or herself or to any other person.

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   9.   Subject to paragraph 17, an attorney-at-law is not obliged to act either as adviser or advocate for every person who may wish to become his or her client; he or she has a right to decline employment.

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   10.   A client is not entitled to receive nor should any attorney-at-law render, any service or advice involving disloyalty to the State or disrespect for judicial office or the corruption of any persons exercising a public or private trust or deception or betrayal of the public.

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   11.   An attorney-at-law should bear in mind that the oath of office taken on his or her admission to practise is not a mere form but is a solemn undertaking to be strictly observed on his or her part.

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   12.   An attorney-at-law should also bear in mind that he or she can only maintain the high traditions of his or her profession by being a person of high integrity and dignity.

II. In Relation to the State and the Public

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   13.   An attorney-at-law owes a duty to the State to maintain its integrity, its Constitution and its laws and not to aid, abet, counsel or assist anyone to act in any way contrary to those laws.

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   14.   When engaged as a public prosecutor the primary duty of an attorney-at-law is not to secure a conviction but to see that justice is done and to that end he or she shall not withhold facts tending to prove either the guilt or innocence of the accused.

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   15.   An attorney-at-law shall endeavour by lawful means where the needs of society require, to promote and encourage the modernisation, simplification and reform of the laws.

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   16.   An attorney-at-law shall not by his or her actions, stir up strife or litigation by seeking out defects in titles, claims for personal injury or other causes of action for the purpose of securing a retainer to prosecute a claim therefor; or pay or reward any person directly or indirectly for the purpose of procuring him or her to be retained in his or her professional capacity, and where it is in the interest of his or her client he or she shall seek to obtain reasonable settlements of disputes.

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   17.   An attorney-at-law shall not except for good reasons refuse his or her services in capital offences.

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   18.   An attorney-at-law shall not be deterred from accepting proffered employment owing to the fear or dislike or incurring disapproval of officials, other attorneys-at-law or members of the public.

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   19.   An attorney-at-law in undertaking the defence of persons accused of crime shall use all fair and reasonable means to present every defence available at law.

III. In Relation to Clients

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   20.

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   (1)   An attorney-at-law shall always act in the best interests of his or her clients, represent him or her honestly, competently and zealously and endeavour by all fair and honourable means to obtain for the client any and every remedy and defence which is authorised by law, steadfastly bearing in mind that the duties and responsibilities of the attorney-at-law are to be carried out within and not without the bounds of the law.

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   (2)   The interests of his or her client and the exigencies of the administration of justice should always be the first concern of an attorney-at-law and rank before his or her right to compensation for his or her services.

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   21.

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   (1)   Before advising on a client's cause an attorney-at-law should obtain full knowledge thereof and give a candid opinion of the merits or demerits and probable results of pending or contemplated litigation.

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   (2)   An attorney-at-law should beware of proffering bold and confident assurances to his or her client (especially where employment may depend on such assurances) always bearing in mind that seldom are all the law and facts on the side of his or her client and that “audi alteram partem” is the safest rule to follow.

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   (3)   Whenever the controversy admits of fair adjustment an attorney-at-law should inform his or her client accordingly and advise him or her to avoid or settle litigation.

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   22.

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   (1)   An attorney-at-law shall at the time of retainer disclose to his or her client all the circumstances of his or her relations to the parties and his or her interest in or connection with the controversy (if any) which might influence the client in his or her selection of an attorney-at-law.

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   (2)   An attorney-at-law shall scrupulously guard and never divulge his or her client's secrets and confidences.

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   23.   An attorney-at-law shall treat adverse witnesses, litigants and other attorneys-at-law with fairness and courtesy refraining from all offensive personal references and shall avoid imparting to his or her professional duties his or her client's personal feelings and prejudices.

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   24.   It is the right of an attorney-at-law to undertake the defence of a person accused of crime regardless of his or her own personal opinion as to the guilt of the accused and having undertaken such defence he or she is bound by all fair and honourable means to present every defence that the law of the land permits so that no person may be deprived of life or liberty except by due process of law.

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   25.

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   (1)   An attorney-at-law may represent multiple clients only if he or she can adequately represent the interests of each and if each consents to such representation after full disclosure of the possible effects of multiple representations.

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   (2)   In all situations where a possible conflict of interest arises, an attorney-at-law shall resolve all conflicts by leaning against multiple representations.

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   26.

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   (1)   An attorney-at-law shall deal with his or her client's business with all due expedition and shall whenever reasonably so required by the client provide him or her with full information as to the progress of the client's business.

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   (2)   It is improper for an attorney-at-law to accept a case unless he or she can handle it without undue delay.

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   27.   Where an attorney-at-law determines that the interest of his or her client requires it, he or she may with the specific or general consent of the client refer his or her business or part of it to another attorney-at-law whether or not a member of his or her own firm.

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   28.

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   (1)   A Queen's Counsel shall be entitled to accept instructions, appear or do any work without a junior, except where he or she would be unable properly to carry out his or her instructions or conduct his or her case if he or she were to do so.

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   (2)   Where more than one attorney-at-law appears as advocate for the same party in the same proceedings, who shall lead the conduct of that party's case shall, subject to the instructions of the client be settled by the attorneys-at-law representing that party before they appear in court and shall not be altered during the course of the proceedings and the leader shall have all authority over the conduct of the case.

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   29.   An attorney-at-law including a Queen's Counsel who appears with the leader is entitled to negotiate a fee appropriate for his or her conduct of the case.

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   30.

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   (1)   An attorney-at-law is entitled to reasonable compensation for his or her services but should avoid charges which either overestimate or undervalue the service rendered.

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   (2)   The ability of a client to pay cannot justify a charge in excess of the value of the service rendered, though the client's indigence may require a charge that is below such value, or even no charge at all.

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   (3)   An attorney-at-law should avoid controversies with clients regarding compensation for his or her services as far as is compatible with self-respect and his or her right to receive reasonable compensation for his or her services.

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   31.   The right of an attorney-at-law to ask for a deposit or to demand payment of out-of-pocket expenses and commitments, failing payment of which he or she may withdraw from the case or refuse to handle it, shall not be exercised where the client may be unable to find other assistance in time to prevent irreparable damage being done.

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   32.   Where an attorney-at-law engages a foreign colleague to advise on a case or to co-operate in handling it, he or she is responsible for the payment of the latter's charges except there is express agreement to the contrary, but where an attorney-at-law directs a client to a foreign colleague he or she is not responsible for the payment of the latter's charges, nor is he or she entitled to a share of the fee of his or her foreign colleague.

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   33.   Subject to paragraph 15 of Part B, an attorney-at-law may at any time withdraw from employment—

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      (a)     where the client fails, refuses, or neglects to carry out an agreement with, or his or her obligation to, the attorney-at-law as regards the expenses or fees payable by the client;

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      (b)     where his or her inability to work with colleagues indicates that the best interest of the client is likely to be served by his or her withdrawal;

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      (c)     where his or her client freely assents to the termination of his or her employment;

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      (d)     where by reasons of his or her mental or physical condition or other good and compelling reason it is difficult for him or her to carry out his or her employment effectively; or

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      (e)     in cases of conflict as contemplated in paragraph 25 of this Part or paragraph 11 of Part B hereof.

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   34.

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   (1)   An attorney-at-law should not appear as a witness for his or her own client except as to merely formal matters or where such appearance is essential to the ends of justice.

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   (2)   If an attorney-at-law is a necessary witness for his or her client with respect to matters other than such as are merely formal, he or she should entrust the conduct of the case to another attorney-at-law of his or her client's choice.

IV. In Relation to the Courts and the administration of justice

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   35.

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   (1)   An attorney-at-law shall maintain a respectful attitude towards the Court and shall not engage in undignified or discourteous conduct which is degrading to the Court.

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   (2)   An attorney-at-law shall encourage respect for the courts and the judges.

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   (3)   An attorney-at-law shall support judges and magistrates against unjust criticisms.

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   (4)   Where there is ground for complaint against a judge or magistrate an attorney-at-law may make representation to the proper authorities and in such cases, the attorney-at-law shall be protected.

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   36.   An attorney-at-law shall endeavour always to maintain his or her position as an advocate and shall not either in argument to the court or in address to the jury assert his or her personal belief in his or her client's innocence or in the justice of his or her cause or his or her personal knowledge as to any of the facts involved in the matter under investigation.

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   37.   An attorney-at-law should never ask privately to influence directly or indirectly the judges of the Court in his or her favour or in the favour of his or her client, nor should he or she attempt to curry favour with juries by fawning, flattery or pretended solicitude for their personal comfort.

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   38.   An attorney-at-law shall be punctual in attendance before the Court and concise and direct in the trial and disposition of causes.

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   39.   An attorney-at-law appearing before the Court shall at all times be attired in such a manner as prescribed or agreed by the proper authorities and as befits the dignity of the Court.

V. In Relation to his or her fellow Attorneys-at-law

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   40.

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   (1)   The conduct of an attorney-at-law towards his or her fellow attorneys shall be characterised by courtesy, fairness and good faith and he or she shall not permit ill-feeling between clients to affect his or her relationship with his or her colleagues.

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   (2)   All personal conflicts between attorneys-at-law should be scrupulously avoided as should also colloquies between them which cause delay and promote unseemly wrangling.

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   41.

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   (1)   An attorney-at-law shall reply promptly to letters from other attorneys-at-law making inquiries on behalf of their clients.

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   (2)   An attorney-at-law shall endeavour as far as is reasonable to suit the convenience of the opposing attorney-at-law when the interest of his or her client or the cause of justice will not be injured by so doing.

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   42.   An attorney-at-law shall not give a professional undertaking that he or she cannot fulfil, and he or she shall fulfil every such undertaking that he or she gives.

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   43.

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   (1)   There is a duty on every attorney-at-law to report improper or unprofessional conduct by a colleague to the Committee, except where the information relating to the improper or unprofessional conduct is received in professional confidence in which case he or she must respect the duty of silence imposed in such circumstances.

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   (2)   An attorney-at-law shall expose without fear or favour before the proper tribunal unprofessional or dishonest conduct by another attorney-at-law and shall not lightly refuse a retainer against another attorney-at-law who is alleged to have wronged a client.

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   44.   Where an attorney-at-law has been sent money, documents or other things by a colleague which, at the time of sending, are expressed to be sent only on the basis that the attorney-at-law to whom they are sent will receive them on his or her undertaking to do or refrain from doing some act, the receiving attorney-at-law shall return whatever was sent if he or she is unable to accept them on such undertaking, otherwise he or she must comply with the undertaking.

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   45.   An attorney-at-law shall not in any way communicate upon a subject in controversy or attempt to negotiate or compromise a matter directly with any party represented by another attorney-at-law except through such other attorney-at-law or with his or her proper consent.

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   46.

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   (1)   An attorney-at-law shall not ignore the customs or practices of the legal profession even when the law expressly permits it, without giving timely notice to the opposing attorney-at-law.

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   (2)   An attorney-at-law should avoid all sharp practices and should refrain from taking any paltry advantage when his or her opponent has made or overlooked some technical error or matter, bearing in mind that no client has a right to demand that an attorney-at-law representing him or her shall be illiberal or shall do anything repugnant to his or her own sense of honour and propriety.

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   47.   An attorney-at-law shall not accept instructions to act in Court proceedings in which to his or her knowledge the client has previously been represented by another attorney-at-law, unless he or she first notifies the other attorney-at-law of the change, and makes reasonable efforts to ensure that attorney has been paid for his or her services, but shall be deemed to have notified the other attorney-at-law if he or she has made reasonable efforts to notify him or her.

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   48.   An attorney-at-law shall not accept instructions to act in proceedings (other than Court proceedings) in which to his or her knowledge, another attorney-at-law has previously represented the client unless he or she makes reasonable efforts to ascertain that the retainer of that attorney-at-law has been determined by the client, or that the client wishes both attorneys-at-law to represent him or her.

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   49.   An attorney-at-law who instructs or employs another attorney-at-law to act on behalf of his or her client, unless otherwise agreed, shall pay the proper fee for such attorney-at-law whether or not he or she has received payment from his or her client.

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   50.   In undertaking to render assistance to a foreign colleague, an attorney-at-law shall remember that his or her responsibility is much greater both when giving advice and handling a case, than it would be had he or she undertaken to assist a colleague in Saint Lucia.

VI. General

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   51.   Nothing in this Schedule shall be construed as derogating from any existing rules of professional conduct and duties of an attorney-at-law which are in keeping with the traditions of the legal profession although not specifically mentioned here.

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   52.   Where in any particular matter explicit ethical guidance does not exist, an attorney-at-law shall determine his or her conduct by acting in a manner that promotes public confidence in the integrity and efficiency of the legal system and the legal profession.

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   53.

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   (1)   A person who previously held a substantive appointment as a judge of the Supreme Court shall not appear as an attorney-at-law in any court in Saint Lucia for a period of 10 years commencing on the date of his or her retirement, resignation or other termination of such appointment.

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   (2)   This rule shall not apply to a person who is appointed to act as a judge in a temporary capacity.

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   54.   Breach by an attorney-at-law of any of the provisions of this Part while not automatically amounting to punishable professional misconduct is a derogation from the high standards of conduct expected from an attorney-at-law and may, depending on the circumstances of the particular case, amount to such misconduct or form a material ingredient of it.

PART B
MANDATORY PROVISIONS AND SPECIFIC PROHIBITIONS

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   1.   An attorney-at-law shall not practise as such unless he or she has been issued a practising certificate in accordance with the provisions of this Act.

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   2.

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   (1)   An attorney-at-law shall never knowingly mislead the Court.

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   (2)   An attorney-at-law shall not withhold facts or secrete witnesses in order to establish the guilt or innocence of the accused.

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   3.   An attorney-at-law shall not hold out any person who is not qualified to practise law as a partner, associate, consultant or attorney-at-law.

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   4.   An attorney-at-law shall not solicit business or consent to become involved in a matter unless at the request of a party to the matter.

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   5.   An attorney-at-law shall not in the carrying on of his or her practice or otherwise permit any act or thing which is likely or is intended to attract business unfairly or can reasonably be regarded as touting or advertising.

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   6.

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   (1)   An attorney-at-law shall not in any way make use of any form of advertisement calculated to attract clients to himself or herself or any firm with which he or she is associated and he or she shall not permit, authorise or encourage anyone to do so or reward anyone for doing so on his or her behalf.

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   (2)   An attorney-at-law shall not permit his or her professional standing to be used for the purpose of advertising any particular product, service or commercial organization.

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   (3)   An attorney-at-law shall not advertise for business indirectly by furnishing or inspiring newspaper comment concerning cases or causes in which an attorney-at-law has been or is connected or concerning the manner of their conduct, the magnitude of the interests involved, the importance of the attorney-at-law's position and any similar self-laudations.

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   7.   Despite paragraph 6(3) an attorney-at-law may permit limited and dignified identification of himself or herself as an attorney-at-law—

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      (a)     in political advertisements relevant to the course of a political campaign or issue;

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      (b)     in public notices where the announcement of his or her professional status is required or authorised by law, or is reasonably necessary for a purpose other than the attraction of potential clients;

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      (c)     in reports and announcements of bona fide commercial, civic, professional or political organisations in which he or she serves as a director or officer;

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      (d)     in and on legal textbooks, articles, professional journals and other legal publications and in dignified and restrained advertisements thereof;

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      (e)     in announcements of any public address, lecture, or publication by him or her on legal topics provided that such announcements do not emphasize his or her own professional competence and are not likely to be regarded as being concerned with the giving of individual advice by him or her.

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   8.   An attorney-at-law may speak in public or write for publication on legal topics so long as he or she does not thereby emphasize his or her own professional competence and is not likely to be regarded as being concerned thereby with the giving of individual advice.

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   9.   The following cards, office signs, letterheads or directory listings may be used by an attorney-at-law but in a restrained and dignified form—

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      (a)     a professional card identifying the attorney-at-law by name and as an attorney-at-law giving his or her decorations and degrees, legal or otherwise, his or her addresses, telephone numbers and the name of his or her law firm or professional associates so however that such cards are not published in the news media and are only handed out on request and for the purposes of identification or address;

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      (b)     a brief professional announcement card to be delivered only to attorneys-at-law, clients, personal friends and relations and government bodies and stating new or changed associations or addresses, changes of firm name or like professional matters;

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      (c)     a sign of a size and design compatible with the existing practice of the profession, on or near the door of the office and in the building directory identifying the law office;

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      (d)     a letterhead identifying the attorney-at-law by name and as an attorney-at-law and giving his or her decorations and degrees, legal or otherwise, his or her addresses, telephone numbers and the name of his or her law firm and of his or her associates;

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      (e)     a listing in a telephone directory, a reputable law list, legal directory or biographical reference giving brief biographical or other relevant information; and any such professional card, office sign, letterhead or listing may state the attorney-at-law is also a notary public.

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   10.   Where an attorney-at-law commits any criminal offence which in the opinion of the Committee is of a nature likely to bring the profession into disrepute, such commission of the offence shall constitute professional misconduct if—

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      (a)     he or she has been convicted by any court, including a foreign court of competent jurisdiction, for the offence;

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      (b)     although he or she has not been prosecuted the Committee is satisfied of the facts constituting the criminal offence; or

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      (c)     he or she has been prosecuted and has been acquitted by reason of a technical defence or he or she has been convicted but such conviction is quashed by reason of some technical defence.

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   11.   An attorney-at-law shall not acquire directly or indirectly by purchase, or otherwise a financial or other interest in the subject matter of a case which he or she is conducting.

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   12.

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   (1)   An attorney-at-law shall not enter into partnership or fee sharing arrangements concerning the practice of law with non-qualified bodies or persons.

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   (2)   An attorney-at-law shall not enter into an agreement for or charge or collect a fee in contravention of these Rules or any other law.

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   13.

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   (1)   An attorney-at-law shall not charge fees that are unfair or unreasonable.

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   (2)   In determining the fairness and reasonableness of a fee the following factors may be taken into account—

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      (a)     the time and labour required, the novelty and difficulty of the questions involved and the skill required to perform the legal service properly;

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      (b)     the likelihood that the acceptance of the particular employment will preclude other employment by the attorney-at-law;

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      (c)     the fee customarily charged in the locality for similar legal services;

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      (d)     the amount, if any involved;

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      (e)     the time limitations imposed by the client or by the circumstances;

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      (f)     the nature and length of the professional relationship with the client;

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      (g)     the experience, reputation and ability of the attorney-at-law concerned;

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      (h)     any scale of fees or recommended guide as to charges prescribed by law or by the Bar Association).

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   (3)   An attorney-at-law shall not accept any fee or reward for merely introducing a client or referring a case or client to another attorney-at-law.

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   (4)   An attorney-at-law shall not charge a contingency fee except reasonable commissions on collection of liquidated claims with the prior agreement of the client.

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   14.

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   (1)   Except with the specific approval of his or her client given after full disclosure, an attorney-at-law shall not act in any manner in which his or her professional duties and his or her personal interests conflict or are likely to conflict.

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   (2)   An attorney-at-law shall not accept or continue his or her retainer or employment on behalf of 2 or more clients if their interests are likely to conflict or if his or her independent professional judgment is likely to be impaired.

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   15.

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   (1)   An attorney-at-law who withdraws from employment under paragraph 33 of Part A shall not do so until he or she has taken reasonable steps to avoid foreseeable prejudice or injury to the position and rights of his or her client including—

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      (a)     giving due notice in writing;

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      (b)     allowing time for employment of another attorney-at-law;

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      (c)     delivering to the client all documents and property to which he or she is entitled subject however to any lien which the attorney-at-law may have over the same;

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      (d)     complying with such laws, rules or practice as may be applicable; and

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      (e)     where appropriate, obtaining the permission of the Court where the hearing of the matter has commenced.

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   (2)   An attorney-at-law who withdraws from employment shall refund promptly such part of the fees, if any, already paid by his or her client as may be fair and reasonable having regard to all the circumstances.

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   16.   An attorney-at-law shall withdraw from employment or from a matter pending before a tribunal—

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      (a)     where the client insists upon his or her representing a claim or defence that he or she cannot conscientiously advance;

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      (b)     where the client seeks to pursue a course of conduct which is illegal or which will result in deliberately deceiving the Court;

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      (c)     where a client has in the course of the proceedings perpetrated a fraud upon a person or tribunal and on request by the attorney-at-law has refused or is unable to rectify the same;

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      (d)     where his or her continued employment will involve him or her in the violation of the law or a disciplinary rule;

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      (e)     where the client by any other conduct renders it unreasonably difficult for the attorney-at-law to carry out his or her employment as such effectively, or in accordance with the judgment and advice of the attorney-at-law, or the rules of law or professional ethics;

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      (f)     where for any good and compelling reason it is difficult for him or her to carry out his or her employment effectively.

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   17.   An attorney-at-law shall not retain money he or she received for his or her client for longer than is absolutely necessary.

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   18.   An attorney-at-law shall never disclose, unless lawfully ordered to do so by the Court or required by statute, what has been communicated to him or her in his or her capacity as an attorney-at-law by his or her client and this duty not to disclose extends to his or her partners, to junior attorneys-at-law assisting him or her and to his or her employees provided however that an attorney-at-law may reveal confidences or secrets necessary to establish or collect his or her fee or to defend himself or herself or his or her employees or associates against an accusation of wrongful conduct.

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   19.   An attorney-at-law shall not permit his or her professional services or his or her name to be used in any way which would make it possible for persons who are not legally authorised to do so to practise law.

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   20.   An attorney-at-law shall not delegate to a person not legally qualified and not in his or her employment or under his or her control, any functions which are by the Laws of Saint Lucia only to be performed by a qualified attorney-at-law.

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   21.   In the performance of his or her duties an attorney-at-law shall not act with inexcusable or undue delay, negligence or neglect.

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   22.   An attorney-at-law shall not engage in undignified or discourteous conduct which is degrading to the Court or his or her profession.

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   23.   An attorney-at-law shall not wilfully make false accusations against a judge or a magistrate.

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   24.   An attorney-at-law who holds a public office shall not use his or her public position to influence or attempt to influence a tribunal to act in favour of himself or herself or of his or her client.

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   25.   An attorney-at-law shall not accept private employment in a matter upon the merits of which he or she previously acted in a judicial capacity or for which he or she had substantial responsibility while he or she was in public employment.

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   26.   An attorney-at-law shall not give, lend or promise anything of value to a judge, juror or official of a tribunal before which there is a pending matter in which he or she is engaged.

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   27.   In any proceedings in a Court an attorney-at-law shall not communicate or cause any other person to communicate with a juror as to the merits of such proceedings, and shall only do so with a judge or person exercising judicial functions—

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      (a)     in the normal course of the proceedings; or

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      (b)     where authorised by law, or the practice of the Courts.

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   28.   An attorney-at-law shall not for the purpose of making any person available as a witness, advice or cause that person to secrete himself or herself or leave the jurisdiction of the Court.

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   29.   An attorney-at-law shall not pay or offer to pay or acquiesce in the payment of compensation to a witness for giving evidence in any cause or matter save as reimbursement for expenses reasonably incurred and as reasonable compensation for loss of time in attending for preparation and for testifying, and in the case of an expert witness a reasonable fee for his or her professional services.

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   30.   An attorney-at-law shall not knowingly use perjured testimony or false evidence or participate in the creation of or use of evidence which he or she knows to be false.

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   31.   An attorney-at-law shall not counsel or assist his or her client or a witness, in conduct that the attorney-at-law knows to be illegal or fraudulent, and where he or she is satisfied that his or her client has in the course of the particular representation perpetrated a fraud upon a person or tribunal, he or she shall promptly call to rectify the same.

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   32.   An attorney-at-law shall not knowingly make a false statement of law or fact.

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   33.

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   (1)   An attorney-at-law shall not commit a breach of an undertaking given by him or her to a judge, a court or other tribunal or an official thereof, whether such undertaking relates to an expression of intention as to future conduct or is a representation that a particular state of facts exists.

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   (2)   An attorney-at-law shall not knowingly represent falsely to a judge, a court or other tribunal or to an official of a court or other tribunal that a particular state of facts exists.

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   34.   In pecuniary matters an attorney-at-law shall be most punctual and diligent, he or she shall never mingle funds of others with his or her own and he or she shall at all times be able to refund money he or she holds for others.

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   35.

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   (1)   An attorney-at-law shall keep such accounts as clearly and accurately distinguish the financial position between himself or herself and his or her client as and when required.

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   (2)   An attorney-at-law shall comply with such rules as may be made by the Council under section 33 of the Act.

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   (3)   Nothing contained in paragraphs 30 and 31 shall deprive an attorney-at-law of any recourse or right whether by way of lien, set-off, counterclaim, charge or otherwise against monies standing to the credit of a client's account maintained by that attorney-at-law.

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   36.   An attorney-at-law shall reply promptly to any letter received from the Bar Association relating to his or her professional conduct.

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   37.   An attorney-at-law shall not act as an attorney, litigator, agent, legal adviser, conveyancer or notary royal where the actions of the attorney-at-law would by virtue of his or her employment amount to a conflict of interest on his or her part.

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   38.   Where no provision is made in these rules in respect of any matter, the rules and practice of the legal profession which formerly governed the particular matter shall apply in so far as is practicable.

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   39.   An attorney-at-law shall not act on behalf of any person unless the attorney-at-law is authorised in a document evidenced by the signature or mark of that person to act on that person's behalf.

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   40.   An attorney-at-law shall not execute an instrument which is required to be in notarial form for it to be an authentic writing unless—

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      (a)     the instrument is signed by all parties in the presence of the attorney-at-law; or

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      (b)     where a party signs in the absence of the attorney-at-law—

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         (i)     that party is the manager of a bank or the chairperson of the National Housing Corporation or a successor body and is effecting a disposition of land, a hypothec or lease under his or her duties,

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         (ii)     the Attorney General, when acting in his or her capacity as Attorney General, is the attorney-at-law.

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   41.   Breach by an attorney-at-law of any of the provisions contained in this Part shall constitute professional misconduct and an attorney-at-law who commits such a breach is liable to any of the penalties which the Committee or the Court is empowered to impose.