The legal profession is not called the “noble profession” for nothing as the foundation of the profession is that of morals and ethics of the highest standard.

The latter mentioned is the main reason why I personally have such a problem with people calling legal practitioners “liars” or “majiya” in kasi terminology. The various legislation regulating the legal profession in general emphasis that all legal professionals should at all times conduct themselves in an ethical manner during the scope of their duties. Legal practitioners are officers of the Court and also simultaneously represent our justice system, hence it is very essential for them to at all times abide by the applicable legal principles.

Most people are under the impression that, when facing a legal battle, the only person who can perform miracles to the client’s advantage is a legal practitioner, even to the extent of misleading the Court if need be. In actual fact, the latter mentioned is the total opposite as a legal practitioner can only perform miracles “within” the ambit of the law.

Should it ever occur that your legal practitioner advises you to lie and/or mislead the court, in the alternative that he shall do the latter on your behalf as he shall attend to the twisting of your actual version, then right there you should know that you’re heading the wrong way and your legal practitioner has totally broken the rules of the profession.

When an attorney or advocate gets admitted as a legal practitioner of the High Court, one of the most important aspects which the Court needs to be satisfied with, is that that candidate is a fit and proper candidate to be admitted as such.  The latter mentioned is based on your ethical standard and competency to be part of the noble profession. Legal ethics plays an important part in ensuring that the conduct of lawyers meets the requirement of a fit and proper person and protects the public from unprofessional and unethical lawyers. Legal ethics should also play a significant role in guiding the lawyer to avoid the pitfalls or possible reasons (as listed above) for not being a fit and proper person.

In light of the above mentioned, the concept that legal professionals may be used to mislead the court is totally misinformed as the actual position is totally the opposite.

Reference:

Potchefstroom Electronic Law Journal (PELJ) - Legal ethics, rules of conduct and the moral compass - Considerations from a law student's perspective