SOME SALIENT POINTS THAT ATTORNEYS AT LAW OUGHT TO REMEMBER AT ALL TIMES


  1. Never place yourself in a position where a client could allege financial deceit or misconduct. 
  2. If the opposing party is known to you it is always advisable to turn down a client. 
  3. If you are an instructing Attorney on record you must be personally present in Court and you should not get some one else to appear. Read Daniel v Chandra deva  1994 2 SLR 1.
  4. If you are the instructing Attorney on record you cannot attest an affidavit in that case. 
  5. If you are below 8 years of practise you cannot mark the Appearence of a junior. You can only mark the Appearence of the instructing Attorney. 
  6. Never be seen in conversation with the opposing client. 
  7. It is always safe to obtain instructions in writing. 
  8. You must never see a Judge hearing a pending case alone in Chambers. Please make sure that you see him with the opposing counsel. This is a common courtesy that we have always followed. 
  9. This is constantly breached now. Even State Counsel should refrain from this habit. In the case of State Counsel it is natural to discuss the workload with the Judge. But no details of a case should be discussed without the opposing counsel. 
  10. Some times appearences are marked in Court where the senior Counsels name is marked as the person instructing. Specially when marking Appearence in Sinhala. This is wrong and has to stop.


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