MONROVIA – The December 2018 Term of the Civil Law Court at the Temple of Justice opens Monday, December 15,
Report by Kennedy L. Yangian, [email protected]
Serving as Judge of both the Civil Law Courts “A” and “B” for this term of court in his charge to declare the court officially open, Judge Scheapolor Dunbar his charge for the opening of the term was directed toward Rules 11 and 21 of the Code of Moral and Professional Ethics as found on Page 3 and 5 of the amended and revised rules of court.
Rule 11, according to Judge Dunbar, states that a lawyer should endeavor to obtain full knowledge of client’s cause before advising thereon and he is bound to give a candid opinion of the merits and probable result of pending contemplated litigation, whenever the controversy will not admit of fair judgment, the client should be advised to avoid or end litigation and it is unprofessional for a lawyer to advise the institution or continuation of an unmeritorious suit.
Judge Dunbar said he has noted with keen interest that many lawyers are constantly violating rule 11.
The Civil Law Court Judge continued that many lawyers will know fully well that their client does not have a meritorious case or defense, but they will wrongly advise the client to go to court.
“ I have noted especially in ejectment cases that some lawyers will know very well that their client does not have a valid defense in an ejectment case bit they will still advise their client to put up a useless defense instead of advising their clients to seek a settlement of a land dispute, they will advise the client to start constructing on the disputed property while the matter is pending in court.
“Why should you tell your client to built quick, quick on a land? This is a subject matter of litigation before our courts?, If you advise a client to carry on construction on a disputed land that is a subject of a court action and the client eventually loses the case, you will be directly responsible for the losses the client will sustain” Judge Dunbar added.
According to Judge Dunbar, because of the unprofessional advise a lawyer gives a client, said client will not only lost the land but also all investments that may be on the land.
He added, “Please do not advise your client to develop a property that is the subject matter of a pending court action.”
On the issue of Rule 21 Judge Dunbar also stated that the rule provides that it is the duty of the lawyer to be punctual in court and to be prompt and faithful in answering assignments received by him, amongst others.
In his charge, Judge Dunbar also noticed that many lawyers damage their clients’ cases because of their failure to be prompt and faithful in answering court’s assignment.
“Many lawyers withdraw from client’s cases because according to them they cannot find their client or they do not have a contact number for the client; this is a poor excuse. It is your duty to get all the relevant information about your client at the time of establishing the lawyer client relationship,” Judge Dunbar added.