Advocates Warned against employing dirty tricks

THE Chief Justice (CJ), Mohammed Chande Othman, has warned advocates against the acts of colluding with clients to delay cases, citing that such undertakings were impeding justice system.

 

Speaking at the admission ceremony of 285 new advocates in Dar es Salaam yesterday, Justice Othman said being admitted to the bar requires integrity and adherence to legal codes of conduct. 

 

“We have received about 71 complaints of misconduct by advocates, of which 45 per cent have been proven,” said Justice Othman.

The CJ described some of the misconducts as low legal performance and some practicing lawyers delivering services without acquiring valid permits. Other factors include employing delaying tactics as directives from clients, ineffectiveness, poor legal representation and double dealing which leads to breach of duty.

Justice Chande appealed to the advocates to assist the Judiciary in driving its 2015 - 2020 five years strategic plan in the disposal of cases. He named the legal organs that contribute to the delays to include the police, advocates, the Director of Public Prosecution, the Judiciary and the Attorney General (AG).

“Advocates should stop tarnishing the image of the profession to fulfill the ill interests of their clients,” he noted. The current number of practicing advocates is 6,082 but the field still demands more people.

The Attorney General (AG), Mr George Masaju, called on the advocates to keep separate accounts of clients and office, since they are not required to spend money from the client’s accounts for their own purpose.

According to Rule 13 (a) of the Rules of professional conduct and etiquette of the Tangayika Law Society, if a cheque drawn on a client account is dishonoured, professional misconduct is disclosed and disciplinary action will follow.

Apart from disciplinary measures, criminal and penal measures will be taken against the advocates who defraud money deposited in the client’s account.