New code of conduct for legal practitioners |21 August 2013

As of July 29, 2013, all legal practitioners in Seychelles are subject to a new Code of Professional Conduct, promulgated by the Chief Justice as the Legal Practitioners (Professional Conduct) Rules under the Legal Practitioners Act.

This is a ground-breaking step towards greater transparency, accountability and effectiveness in the conduct of the local bar.  It provides a natural counterpoint to the Code of Conduct for Judicial Officers in Seychelles, which came into effect in 2010.

“Law is a profession, not a business, and the overriding duty of all legal practitioners has always been to uphold the rule of law and facilitate the administration of justice,” says a communiqué from the Supreme Court.   

The new Code provides a clear point of reference for all members of the profession, and all those who depend on their professional services.  It reinforces the fundamental obligations of practitioners in:

• acting honestly, fairly, diligently and competently in dealings with the courts, with other practitioners and with the public;
• managing client relationships and avoiding conflicts of interest;
• accounting strictly for money and other property received from and on behalf of clients;
• keeping clients informed and respecting client confidentiality;
• protecting and advancing clients’ interests in litigation; and
• ensuring that court processes are supported and not abused.

The Code exists for the benefit of everyone in Seychelles, and it is enforceable by the Supreme Court.  Any complaint made in good faith about a breach of the Code will be taken seriously by the Chief Justice.  Legal practitioners are on notice that any substantial breach may result in disciplinary proceedings for professional misconduct, which can lead to their suspension or removal from practice.  

It is however hoped that the primary benefits of the Code will be aspirational and forward looking.  With the establishment of a law programme at the University of Seychelles, a new generation of locally trained legal practitioners is emerging.  The Code should serve as an affirmation to students and recent graduates of the dignity and history of their chosen profession, and a salutary reminder of the responsibility which accompanies that choice.

Copies of the Code can be downloaded from www.seylii.org or obtained free of charge from the Supreme Court Library.