TUMAINI UNIVERSITY OF DAR ES SALAAM COLLAGE

FACULTY OF LAW AND JUSTICE

COURSE NAME: LEGAL ETHICS

COURSE CODE: DL214
LECTURER: MR MHINA
WORK TYPE: GROUP WORK
GROUP NO: 08
SUB DATE: 29/01/2024

NO GROUP MEMBER REGISTRATION NO

1 TAMRINA S ALLY
2 FATUMA M ALLY
3 ANETH SAMWEL
4 THERESIA O MUSHI
5 DAVID MICHAEL
6 ANETH BENJAMIN
7 BATILDA KWAY
8 HILDA MATENGA
9 MARIAM SEIF
10 NELLY SWILA
TU/DARCO/DL/022/218
TU/DARCO/DL/022/117
TU/DARCO/DL/022/129
TU/DARCO/DL/022/108
TU/DARCO/DL/021/209
TU/DARCO/DL/022/134
TU/DARCO/DL/022/123
TU/DARCO/DL/022/020
TU/DARCO/DL/022/172
TU/DARCO/DL/022/257
QUESTION

TABLE OF ABBREVIATION
NO ABBR LONG FORM
1 EAC EAST AFRICAN COMMITTEE
2 NO NUMBER
3 V VERSUS
 TABLE OF CASES
1 DOTTO DOFU V KULWA LUTWEGA KIJA (CIVIL APPEAL NO 37 OF
2022)
2 PUGSLEY V PRIVETTE (1980)
3 MEDIA COUNSIL OF TANZANIA V ATTORNEY GENERAL OF
TANZANIA (NO 2 OF 2017)
4 JANETH DAVID HUMPHREY V MOSHI UNIVERSITY COLLAGE
(LABOUR REVISION NO 20 OF 2021)
 LIST OF CONTENT

1. INTRODUCTION
1.1 Legal Ethics
1.2 Ethical Value

2. MAIN BODY
2.1 ETHICAL VALUES
2.1.1 Professional Integrity
2.1.2 Conflict of Interest
2.1.3 Informed Consent
2.1.4 Misrepresentation
2.1.5 Representation
2.2 SUGGEST TO BE DONE TO SIMILAR CIRCUMSTACE
2.2.1 Investigate thoroughly
2.2.2 Seek remediation
2.2.3 Report unethical behaviour
2.2.4 Relationship of Advocate and Client
2.2.5 Ensure informed consent in the future
 3. CONCLUSION

INTRODUCTION
Legal ethics; Are ethical rules and regulations prescribed by the appropriate authority
which are conferred to legal profession to abide and act in accordance to the prescribe rules
and regulations, also legal ethics can be defined as the unique responsibilities of lawyers and
legal system given the important role and influence they have in society. Ethical value; are
value which serve to distinguish between good and bad, right and wrong, and moral and
immoral. Mainly in legal ethics, ethical values are to be directed to the legal professional and
lawyers. From the above scenario some of ethical values are to be determined as follows;
Professional integrity; Is the act of an advocate in performing his duty with faithful
integrity, from the above case, it is the responsibility of legal professionals to maintain
integrity by ensuring that all proceedings are fair and accurate. Any falsification of records or
proceedings is a breach of this duty, according to the Rule 4, it state that every Advocate shall
be a person of high integrity1 and also Rule 6, provide for acts that constitute for lack of
integrity2. In case of Dotto Dofu v Kulwa Lufwega Kija, was hold that, holding brief has
limitation and that the mandate cannot extend to the performing core duties of the instructed
advocate who has contractual and fiduciary relationships with the client3
Conflict of interest; This means to have personal benefit on the issue at hand or matter
to be solved. In the above case if Grace Mambosasa was representing both parties in a
divorce, this could be a conflict of interest as it is ethically crucial for a lawyer to avoid
situation where their loyalties may be divided. As per Rule 45 of the very act, provide for the
loyality of the Advocate towards his client and also can not do work with interest towards his
client4.
Informed consent; As per above scenario Anne believed she was signing documents
related to child maintenance, not divorce proceedings. It is an ethical and legal necessity for a
client to be aware of and understand the implications of any legal documents they are
1
The Advocates (Professional Conduct and Etiquette) Regulations,2018 No 118
2
ibid
3
(Civil Appeal No 37 of 2022)
4
ibid
signinig. In case of Pugsley v Privette, was based on consent were plaintiff instructed.
Defendant not to operate until other doctor arrived5. Also in the case of Media council of
Tanzania &2 others v Attorney General of Tanzania, it was held that several provisions of
United Republic of Tanzania’s Media Service Act 2016(the Act) violated the freedom of
expression at the heart of the fundamental and operational principles enshrined in Articles
6(d) and 7(2) of the Treaty establishing the East African Community (the EAC Treaty) 6.
Misrepresentation; Is the way of wrongly representing of someone, based on the above
case, the use of a name that is not recognized on the Roll of Advocate (Grace Aman
Mambosasa) in court document is misleading and could be considered fraudulent if it was
intended to deceive. Under Rule 12(2), provide for quality service were when an Advocate
oversees any undue delay in advising then he should inform the client7.
Representation; The court’s records apparently misrepresent Anne’s involvement,
suggesting she was represented by Grace Mambosasa and that she appeared in court. If Anne
was not present nor consented to this representation, this raises serious ethical issue. In case
of Janeth David Humphrey v Moshi University Collage, it was emphasized a right to legal
representation is universally fundamental including in Tanzania8. Due to the ethical value
which are shown on the above facts, we can suggest on the things that can be done in similar
circumstance and the following are the suggestion;
Investigate thoroughly; Confirm all details of the case, including whether Anne was
properly served with divorce papers and had an opportunity to respond.
Seek remediation; If it is found that Anne’s right were violated, steps should be taken to
correct the record. This could include filling a motion to reopen the divorce case on the
grounds of fraud or misrepresentation.
Report unethical behaviour; If any legal professional involved acted unethically, they
should be reported to the relavant legal body.
Relationship of Advocate and Client; Anne should be given or provided with all
informations which are clear and accurate about legal position and option moving forward,
and advocate for her interests.
Ensure informed consent in the future; Make sure that Anne and any other clients fully
understand any documents they are signing and the legal implications thereof.

5
(1980)
6
(No 2 of 2017)
7
Advocate (Professional Conduct and Etiquette) Regulation, 2018 No 118
8
(Labour Revision No 20 of 2021)
CONCLUSION
There to, from the facts above it clearly shows some of the ethical values that are either
good or bad and also some suggestion are to be over looked so that for the Advocate or the
client to procced with futher steps as is to say legal action. Also as from the above scenario
Anne was clearly mislead by both the husband and the lawyer which is a misconduct of the
Advocate.
 REFERENCE
STATUTES
The Advocate (Profession Conduct and Etiquette) Regulation, 2018 No 118

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