College of Law and Governance Studies

School of Law

Individual Assignmen on Ethics and Legal profession

Name :selamawit Tadesse

UGR/5521/14

Submission Date: 12 January 20

submitted to ;Ins.Bisrat

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 1.Discuss the role advocates could play in promoting rule of law in Ethiopia.

Advocates in Ethiopian are not just legal professionals; they are defender of the rule of law, human rights, and
social justice. They can play a crucial role in promoting the rule of law through various activities and initiatives.
some ways in which advocates can contribute to strengthening the rule of law in Ethiopia are

 Promoting Transparency and Accountability: Advocates hold the government and powerful actors
accountable by challenging unlawful practices and advocating for legislative reforms. This promotes a
culture of transparency and prevents abuse of power.
 Defending of Human Rights(Fighting Discrimination): Advocates stand up for the rights of marginalized
groups, including women, religious minorities, and ethnic communities. They challenge discriminatory
laws and practices, promoting equal rights and protections for all.
 Protecting Freedom of Expression: They defend the right to free speech and assembly, ensuring that
individuals can express themselves freely without fear of reprisal. This fosters a vibrant civil society and
strengthens democratic values.
 Safeguarding Vulnerable Groups(Legal Aid and Pro Bono Services)Advocates can provide legal aid and
pro bono services to individuals who cannot afford legal representation. By ensuring that everyone has
access to justice, advocates can help address inequalities and promote the rule of law.
 Advocates(legal advocate) can advocate for legal reforms that strengthen the rule of law, protect human
rights, and promote access to justice. This may involve lobbying for changes to existing laws and
regulations, as well as promoting the adoption of new laws that align with international standards.
 Legal Education and Awareness: They raise public awareness about legal rights and responsibilities,
empowering individuals to participate in the legal system and hold authorities accountable. . This can
help empower individuals to assert their rights, hold authorities accountable, and contribute to a more
informed and law-abiding society.
 Strengthening Judicial Independence: Advocates play a role in upholding the independence of the
judiciary by challenging political interference and advocating for reforms that safeguard judicial
impartiality. A strong and independent judiciary is essential for upholding the rule of law.

2. Discuss the ethical obligations of advocates in a political context.

The ethical obligations of advocates in a political context are critical for ensuring a fair and just societ but the
ethical obligations of advocates in a political context become a particularly nuanced and complex area.
Especially In the context of Ethiopia, advocates operating within a political context face unique ethical
challenges and obligations due to the country's complex political landscape.Advocates have important ethical
obligations when operating within a political context. some key ethical considerations for advocates in a political
context are :

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  Maintaining Professionalism: Political discourse can be heated and polarizing. Advocates must maintain
professional decorum even when dealing with opposing views. This means avoiding personal attacks,
upholding respectful communication, and prioritizing civility in their engagement.
 Conflicts of Interest and Client Loyalty: When representing clients with political interests, advocates
must be particularly vigilant in identifying and managing potential conflicts of interest.
 Protecting the Rule of Law: Upholding the rule of law transcends political affiliations. Advocates have a
responsibility to challenge potential abuses of power, unfair political practices, and legislative initiatives
that undermine legal principles.
 They must balance their political roles with their professional legal obligations, ensuring that their
decisions are guided by legal principles and not influenced by political considerations. This necessitates
transparency, accountability, and the ability to recuse themselves from potential conflicts of interest.
 Impartiality and Fairness: Advocates should strive to be impartial and fair in their dealings, particularly
when representing clients with differing political perspectives. They should not allow their personal
political beliefs to compromise their professional judgment or the quality of their representation.
 Avoiding Misuse of Legal Expertise: Legal expertise should not be used to manipulate or exploit the
political system for personal or client gain. Advocates must ensure their legal skills are used ethically
and responsibly.
 Professional Integrity: Advocates should maintain professional integrity by acting honestly, responsibly,
and in the best interests of their clients or the public. They should avoid engaging in unethical practices
such as corruption, bribery, or misuse of power for political gain.
 Respect for Human Rights: Advocates have an ethical duty to respect and promote human rights,
including the rights to freedom of expression, assembly, and association. They should work to ensure
that political processes and decisions uphold these fundamental rights.
 Respect for Democratic Principles: Advocates should support democratic principles and institutions,
including the right to participate in free and fair elections, the separation of powers, and the
independence of the judiciary.

Generally, Navigating the ethical obligations of advocacy in a political context requires a delicate balance
between promoting client interests, upholding the law, and protecting the public good.

3.As a lawyer, how will you manage conflict of interest in legal practice?

As a lawyer practicing in Ethiopia, managing conflicts of interest is crucial to maintaining professional integrity
and upholding ethical standards.some methods i would take to manage conflicts of interest in legal practice are:

 check thorough potential Conflict : I would Implement a system for identifying potential conflicts
before accepting new clients or matters. This includes checking names, businesses, and legal issues

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 against existing clients and past matters.I adopt reasonable procedures, appropriate for the size and type
of firm and practice, to determine in both litigation and non-litigation matters the parties and issues
involved and to determine whether there are actual or potential conflicts of interest.reg no .57/1999 art
12. If there is a conflict arises after representation has been undertaken,I withdraw from the
representation.
 Disclosure to Clients: If a potential conflict is identified, disclose it promptly and transparently to all
affected clients. Explain the nature of the conflict and the potential risks involved.would seek informed
consent from all affected clients after fully disclosing the nature of the conflict and the potential
implications for their representation. This ensures that clients are aware of the situation and can make an
informed decision about whether to proceed with my representation and i Obtain informed written
consent from all affected clients to proceed with representation despite the conflict.eg no .57/1999 art 12.
 Referral to Another Lawyer: If appropriate, consider referring the client to another lawyer who is not
subject to a conflict of interests
 Refrain from Dual Representation: In cases where a conflict of interest cannot be effectively managed
through disclosure and consent, I would refrain from representing conflicting interests. This may involve
declining representation or withdrawing from a client engagement to avoid compromising my
professional obligations.
 Seek Guidance from Professional Bodies: If I encounter complex related to conflicts of interest, I would
seek guidance from relevant professional bodies or legal associations in Ethiopia. This may involve
consulting with ethics committees or seeking advice from experienced colleagues to ensure that I am
adhering to best practices.
 Uphold Client Confidentiality: Even in the presence of a conflict of interest, I would uphold strict client
confidentiality and avoid disclosing confidential information to any party involved in the conflict. reg
no .57/1999 art 10.

By proactively managing conflicts of interest and adhering to ethical guidelines, I would strive to maintain the
trust and confidence of my clients while upholding the highest standards of professional conduct in my legal
practice in Ethiopia.

4 Discuss the ethical obligation of advocates in criminal cases.

Ethiopian law places specific ethical obligations on advocates within the context of criminal cases. These
obligations are informed by the Constitution, the Federal Courts Advocates Code of Conduct (Regulation No.
57/1999), These ethical obligations are designed to ensure that the rights of the accused are protected, that the
legal process is fair and just, and that advocates maintain the highest standards of professional conduct. some key
ethical obligations of advocates in criminal cases in Ethiopia are :.

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  Zealous Advocacy within Legal and Ethical Bounds: Advocates are obligated to defend their clients
zealously, but within the boundaries of the law and professional ethics. An advocate must provide
honest opinions about potential consequences, even if it appears criminal or fraudulent and Discussing
legal consequences of any proposed action, including good-faith efforts to understand the law, is allowed
. reg no .57/1999 art 5. If the client expects assistance not allowed by professional rules, the advocate
must consult with the client about ethical duties. . reg no .57/1999 art 23.
 Confidentiality: Information disclosed by the client during the representation cannot be revealed without
their consent, except in specific situations like imminent threat of harm or potential commission of
serious crimes. reg no .57/1999 art.10.
 Upholding Procedural Rights: They safeguard the rights of the accused during criminal proceedings,
ensuring fair trials and adherence to due process. This includes challenging arbitrary detentions,
defending against unfair charges, and advocating for speedy trials.
 Non-Participation in Crime: An advocate cannot knowingly assist a client in any criminal activity, even
through advice or legal strategies aimed at evading detection. This includes facilitating sham transactions
or advising on how to commit crimes. reg no .57/1999 art. reg no .57/1999 art.57.
 Avoiding Conflicts of Interest: Advocates must avoid conflicts of interest that could compromise their
ability to provide independent and loyal representation to their clients. This includes refraining from
representing multiple clients with conflicting interests in the same criminal case. reg no .57/1999 art.12.
 Withdrawal Right: If the advocate discovers the client's intent to commit a crime or is involved in
ongoing criminal activity, they have the right (and sometimes the obligation) to withdraw from the
case.reg no .57/1999 art.34.
 Duty to Report: In cases where the client confesses to future serious crimes, the advocate may have a
duty to report this to the relevant authorities to prevent harm. However, this obligation requires careful
consideration of the specific circumstances and professional code provisions.Advocates must not engage
in acts that obstruct justice, such as tampering with evidence or witness intimidation..
 Competence and Diligence: Advocates have an ethical obligation to provide competent and diligent
representation to their clients. This includes maintaining a thorough understanding of criminal law and
procedure, conducting necessary investigations, preparing effective legal arguments, and advocating for
the best possible outcome for the accused.. reg no .57/1999 art. 8.
 Upholding Human Rights: In criminal cases, advocates have an ethical obligation to uphold the human
rights of their clients, including the right to a fair trial, the presumption of innocence,

5 Examine the regulation of attorney advertising and its impact on the legal profession.

The right to limit advertising flows naturally from the power of the state to regulate individual professional
conduct in the public interest. regulation of attorney advertising is complex and often-debated topic. proponent

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of regulated advertising argue that False or exaggerated claims about success rates or experience can harm clients
and undermine public trust in the legal system. Regulations aim to ensure truthful and accurate information is
presented to protect consumers from such practice.. Regulations can prevent new or smaller firms from using
aggressive or misleading advertising to gain an unfair advantage, promoting a more equitable marketplace for
legal services.where as Critics against regulation argue that some advertising regulations can infringe right of
speech, a right protected by constitution . and Regulations that are too restrictive can make it difficult for
lawyers to advertise their services, potentially limiting access to legal representation.

Ethiopia's legal landscape regarding attorney advertising currently are primarily outlined in the Federal Courts
Advocates Council's Code of Conduct (Regulation No. 57/1999).The regulation Permitted some Activities and
prohibit some.

The Code allows advocates to Publish basic information like name, address, contact details, and areas of practice
in directories and on discreet office signage,use informational websites with factual content about qualifications
and services offered and Participate in educational seminars and public discussions related to their legal
expertise.reg.57/1999 art.52 &53.

Prohibited Activities: The Code explicitly prohibits:False, misleading, or exaggerated claims about competence
or success, Comparative advertising or testimonials from past clients and Use of sensational language or imagery
to attract clients and targeting specific individuals or engaging in unsolicited marketing is prohibited..reg.57/1999
art.50.

Impact on the Legal Profession:

 Upholding Professionalism: Regulation of attorney advertising helps to uphold professionalism within

the legal profession by setting standards for ethical marketing practices. It encourages attorneys to
maintain integrity, honesty, and transparency in their promotional activities, which reflects positively on
the legal profession as a whole.
 Protection of Consumers: Regulation of attorney advertising is aimed at protecting consumers (clients
and the public) from misleading or false information. By ensuring that legal advertisements are accurate
and truthful, the regulations help individuals make informed decisions when seeking legal representation,
thereby safeguarding their interests.
 Digital Dilemma: The rise of digital platforms presents both opportunities and challenges for attorney
advertising. While online presence can expand reach and accessibility, it also raises concerns about
online privacy and the proliferation of misleading information.
 Preserving Public Trust: Ethical regulation of attorney advertising contributes to preserving public trust
in the legal profession.

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  Maintaining Professional Image: By imposing restrictions on the content and manner of attorney
advertising, the regulations help maintain a professional image for the legal profession.
 Increased Competition: The introduction of advertising, though limited, has opened up the legal market
and fostered competition among advocates. This can potentially benefit clients through greater access to
information and potentially lower fees.
 Rise of Legal Marketing Specialists: The need to navigate complex advertising regulations has led to the
growth of legal marketing specialists who help lawyers develop compliant and effective marketing
strategies..

6.Examine whether court registrars who serve in courts (as registrar) are eligible to sit for bar exam under
Ethiopian law.

Eligibility requirements for bar exams vary significantly depending on the jurisdiction. Typically, they include
factors like educational qualifications (often a law degree), legal experience (internships, clerkships), and passing
score on the bar exam itself.

The question of whether court registrars in Ethiopia are eligible to sit for the bar exam is a complex one, with no
straightforward answer. It depends on several factors and interpretations of relevant laws and regulations. The
eligibility criteria for taking the bar exam in Ethiopia are typically outlined in the Federal Advocacy Service
Licensing and Administration Proclamation No.1249/2021and relevant law. These law has specific requirements
and criteria for individuals who wish to become licensed attorneys and practice law but it is silent on the issue of
eligibility for the bar exam.Nevertheless, from general practice and sprit of relevant law we can say that court
registrars are not and shouldn't allowed to sit for bar exam (my opinion). under article 6 and following
provisions pro.1249 /2021 expressly provided requirements to sit for bar exam. Among other things under art 6
sub1 (d) experience required in the legal profession but courts registrars experience in law is questionable and
we can not say they are legal professional because of Court registrars typically handle administrative tasks
within the court system, such as managing case files, scheduling hearings, and maintaining court records. Their
roles often involve legal knowledge and procedures, but they are not considered legal practitioners. plus,
allowing court registrars to sit for the bar exam and become lawyers could raise potential conflicts of interest.
Their prior knowledge of internal court procedures and access to sensitive information might give them an unfair
advantage over other candidates or create ethical dilemmas during legal practice.moreover, Court registrars in
Ethiopia are responsible for administrative and procedural functions within the courts. While their roles are
crucial to the functioning of the judiciary, the qualifications and requirements for becoming a licensed attorney
may differ from those for court registrars.

However, exceptionally cour registrars who fulfill requirements under under art 6 and following provision of
pro.1249 /2021 may be eligible to sit for bar exam. And as recommendation the Ethiopian Bar Association, the

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association may establish specific eligibility requirements for individuals seeking to sit for the bar exam,
including those who have served as court registrars and If court registrars regardless of their current
eligibility,believe that their experience and qualifications should be recognized as a pathway to legal practice,
they can advocate for changes in the Ethiopian legal framework or the Bar Association's policies.