A Junior Attorney's thoughts on Ethics and Conduct of Fit and Proper persons

01 February 2023, Allan Lesesa 664

Based on true events.

Scenario: I am in a criminal Court at a remote small town. The Court momentarily adjourned to accommodate the prosecution and the defense attorneys to consult regarding the last few bail applications on the days court roll. The Investigating Officers and prosecution, voluntarily offer bail and fix it with one of the accused persons represented by my colleague. As a defense attorney, once the State adopts that attitude, you often jump with jubilation because 90% of your work is done. This was my understanding of the events.

Two colleagues apparently in the employ of a local justice centers apparently candidate legal practitioners, call the accused to consult, in open court, where the State and other stakeholders are present and can follow the consultation, and starts preparing the affidavit to support the bail application. In my mind- and please, correct me if I am wrong for, I am but a baby in the practice of the law, my colleagues started on a tangent in that they floated the attorney and client privilege for not affording the accused person privacy and confidentiality. If that was not enough, my dear colleagues, still in open Court, started interrogating their client, in essence, they took off their robes as defense attorneys and simultaneously put on the NPA and presiding officers' gowns. This, sadly, went to the extent of going to consult other co-accused's (who, by the way, were being refused bail) just to prove a point that their client is "lying", "guilty", does not have any defense and does not merit a release on bail.

And that is how it actually went, they boastfully asked the Court orderly to return their client into custody, notwithstanding his plea for them to vindicate his right to freedom. When the Court resumed, I successfully moved my clients bail application without hustle, then they followed, one of the colleagues, with a straight face addressed the court that: 'their clients abandon their bail applications and will remain in custody' and that was it, life goes on as so is the business of the day.

Without being pretentious, I understand that being ethical and sticking to upright conduct as a legal practitioner, such as advancing your clients interest and constitutional rights, giving them a fair chance to be heard, the classical presumption of innocence without being prejudged is important. Legal ethics have an important role in ensuring that the conduct of lawyers meets the requirement of a fit and proper person and protects the layman that seeks legal services from unethical and unprofessional conduct.

To say I was agitated and disappointed with the seemingly unethical display of my colleagues is an understatement. I cannot express how low the bar was dropped from the fit and proper standard that is expected:
But why did they see it proper to conduct themselves as they did? are they even aware of how mutually destructive is their chosen route of practice, for both of them, as future legal practitioners and the indigent clients they serve?

One thought said I should perhaps address a scathing correspondence to the justice center that employs them, another said do not be that person, so I did not.

If you ask me if I appreciate ethics as I should, the fact that I did not take action in perhaps reporting such conduct may say a lot, but worth a second thought is this question– Is there sufficient assistance provided to young professionals to better encompass and appreciate ethics and fit and proper standards that they owe one another as members of the profession, their clients and the courts? Does it even still matter, or it has just subjectively subsided to personal whim?

I do not know, but perhaps it suffices that I conclude by remarking that the act of defending any of the cardinal virtues has to-day all the exhilaration of a vice. Hopefully, those who are obligated: morally, professionally or otherwise will experience the thrill when they emphasize and facilitate discussions on the necessity of being guided by ethics and striving to reach the high standard of constantly proving fit and proper as a legal practitioner in life and in law.

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