Rule 27 Rules of Professional Conduct for Legal Practitioners
Rule 27 of the Rules of Professional Conduct for Legal Practitioners (RPC) 2023 is about Good faith and fairness among lawyers. It is under Part III (Relation with other Lawyers) of Chapter 1 (Conduct) of the Rules. It provides as follows:
1) A lawyer shall observe good faith and fairness in dealing with other lawyers.
(2) Without prejudice to the generality of paragraph (1) of this rule, a lawyer shall—
(a) observe strictly all promises or agreements with other opposing lawyers whether oral or in writing and whether in or out of court, and shall adhere in good faith to all agreements implied by the circumstances of the case ;
(b) promptly honour his undertaking, where he gives a personal undertaking and does not expressly or clearly disclaim personal liability ; and
(c) not take undue advantage of the predicament or misfortune of the opposing lawyer or client.
(3) A lawyer shall not hand over his brief to another lawyer to hold, and that other lawyer shall not accept the brief, unless the brief is handed over in reasonable time for the receiving lawyer to acquire adequate grasp of the matter.
(4) Where a lawyer is aware, or ought reasonably to be aware, that a person is already represented by another lawyer in a particular matter, he shall not have any dealing with that person in respect of the same matter without giving prior notice to the other lawyer, and the lawyer accepting the instruction shall use his best endeavours to ensure that all fees due to the other lawyer in the matter are paid.
(5) During the course of his representation of a client, a lawyer shall not —
(a) communicate, or cause another to communicate, on the subject of the representation with the party he knows to be represented by a lawyer in that matter unless he has the prior consent of the lawyer representing such party or is authorized by law to do so ; or
(b) give advice to a person who is not represented by a lawyer in the matter or cause.
