Rule 15 Rules of Professional Conduct for Legal Practitioners
Rule 15 of the Rules of Professional Conduct for Legal Practitioners (RPC) 2023 is about Representing client within the bounds of the law. It is under Part II (Relation with Clients) of Chapter 1 (Conduct) of the Rules. It provides as follows:
(1) In his representation of a client, a lawyer may refuse to aid or participate in conduct that he believes to be unlawful even though there is some support for an argument that the conduct is legal.
(2) In his representation of his client, a lawyer shall—
(a) keep strictly within the law notwithstanding any contrary instruction
by his client, and where the client insists on a breach of the law, the lawyer shall withdraw ltis service ; and
(b) use his best endeavours to restrain and prevent his client from committing misconduct or breach of the law with particular reference to judicial officers, witnesses and litigants and if the client persists in his action or conduct, the lawyer shall terminate their relations.
(3) In his representation of his client, a lawyer shall not —
(a) give service or advice to the client which he knows or ought reasonably to know is capable of causing disloyalty to, or breach of the law, or bringing disrespect to the holder of a judicial office, or involving corruption of holders of any public office ;
(b) file a suit, assert a position, conduct a defence, delay a trial, or take over an action om behalf of his client when he knows or ought reasonably to know that sucln action would serve merely to harass or maliciously injure
another ;
(c) knowingly advance a claim or defence that is unwarranted under existing law, but he may advance such claim or defence where it can be supported by argument in good! faith for an extension, modification, or reversal of existing law ;
(d) fail or neglect to inform his client of the option of alternative dispute resolution mechanisms before resorting to or continuing litigation on behalf of his client :
(e) conceal or knowingly fail to disclose that which he is required by law to reveal ;
(f) knowingly use perjured or false evidence ;
(g) knowingly make a false statement of law or fact ;
(h) participate in the creation or preservation of evidence when he knows or ought reasonably to know that the evidence is false ;
(i) counsel or assist his client in conduct that the lawyer knows to be illegal or fraudulent ; or
(j) knowingly engage in other illegal conduct or conduct contrary to any of the rules.
(4) Where in the course of his representation of his client a lawyer receives clearly established information that the client has perpetrated a fraud upon a person, court or tribunal, he shall promptly call on his client to rectify it, and if his client refuses or is unable to do so, he shall reveal the fraud to the affected person or tribunal, except when the information is a privileged communication, but where the person who perpetrated the fraud is not his client, the lawyer shall promptly reveal the fraud to the tribunal, or court.
(5) A lawyer shall not assert in argument his personal belief in the integrity of his client or of his witnesses or in the justice of his cause, but he may make a fair analysis of the evidence touching on those matters.
