ethics in practicing civil procedure
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What Ethical Etiquette shall be adopted by Civil Attorneys?
In preparing for trial you will be talking with opposing parties, and witnesses on both sides.
Both the Code of Conduct and Procedure prohibit attorneys from discussing anything related to
the issue being litigated with any opposing party that is represented by counsel without the
consent of that counsel unless they are expressly authorized by law.
The purpose of this prohibition is to prevent attorneys from disrupting the relationship
between client and attorney and thereby gaining an advantage over the opposition. Attorneys
may discuss issues unrelated to the matter in controversy.
Therefore, if you receive a phone call from an opposing party asking you a question relating to
litigation, you must tell them you cant not talk to them without permission of their attorney.
You may talk with parties who are not represented; however, you should use caution. First ,
you must avoid giving legal advice ( which constitutes the unauthorized practice of law) and
thereby avoid committing a serious ethical breach. Second , Attorneys must avoid giving legal
advice to unrepresented parties. If there is a “reasonable possibility of being in conflict with
interest” of their client unless that advice is to secure representation. As an agent of an
attorney you are subject to the same prohibition.
Part of your trial preparation tasks will often involve helping prepare witnesses for trial.
Witnesses who know the question they will be asked by the attorney calling them to the stand
and who can anticipate the types of questions opposing counsel will ask generally make more
effective witnesses. You will want to advise them about how to dress, how to conduct.
CIVIL PROCEDURE CODE , 1908, LL.B. PART III
TOPIC: An Introduction to CPC, 26th of Sep,2016
Presented by: SM Zarkoon, Lecturer, B.Sc. LL.B. LL.M. {Criminology & Law of Evidence}
University Law College Khojjak Road Quetta.
Email: [email protected] Ph.# 081-2843053
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Themselves on the stand, and how to respond to certain tactics commonly employed in cross
examination. You may also want to help them prepare by exposing them to mock trial, asking
them in advance the questions they are most likely to be asked on the stand. Refrain, however,
from doing anything that might encourage them to give false testimony or by over coaching
them to the point that their testimony appears staged and they lose credibility.
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