Candour And Fairness In Legal Practice

Respect for the administration of justice depends in large measure on the maintenance of the highest standards of professional conduct by the members of the Bar. Candour which is the quality of being open and honest is a quality that is expected to be exhibited by every member of the Bar. Under the rules of professional conduct in the legal profession, candour and fairness have been stated as thus:
a) The conduct of the lawyer before the court and with other lawyers, should be characterised by candour and fairness, and the lawyer should in court inform the presiding judge of subsisting decided cases even where the decision is against his client. The lawyer is entitled to distinguish any such case.
b) It is not candid or fair for the lawyer knowingly, to misquote the contents of a paper, the testimony of a witness, the language or the argument of opposing counsel, or the language of a decision or textbook, or with knowledge of its validity to cite as authority a decision that has been overruled, or a statute that has been repealed or in argument to assert as a fact, that which has been proved, or in those jurisdictions where aside has the opening and closing arguments, to mislead his opponent by concealing or withholding in his opening argument positions upon which his side intends to rely.
c) It is unprofessional and dishonourable to deal other than candidly with the facts in taking statements of witnesses, in drawing affidavits and other documents, and in presentation of causes.
d) A lawyer should not offer evidence which he knows the court should reject, in order to get the same before the jury by arguments for its admissibility, nor should he address to the judge arguments upon any point not properly calling for determination by him. A lawyer should not in any argument addressed to the court introduce in admissible remarks or statements likely to influence the jury or bystanders.
e)    A member of the Bar must not promote a case which to his knowledge is false, nor should he file a pleading or other documents which, he knows to be false in whole or in part, or which is intended to delay the trial.
f) It is indeed unprofessional and unworthy of an officer of the law charged as in the lawyer with the duty of aiding the administration of justice to act contrary to these rules. The lawyer therefore in his capacity as advocate, counsellor, and officer of the court, must be prepared to submit to continuing supervision and periodic investigation by the Bar. At the same time it is worthy of not that the lawyer like any other citizen is guaranteed certain rights and privileges by the constitution. The exercise of these rights may interfere with the efforts of the Bar to supervise the conduct of the lawyer.

Nkechi Bright Ewere