Legal Profession and ethics

M.A.A. HAIROOS
haris@acju.lk
BCAS/LAW/18/27/30
 Legal Profession in UK and Wales
 The legislative framework for the regulation of legal services in England and Wales is set
out in the Legal Services Act 2007 (LSA).
 The professionals that can be authorized to carry out legal activities under the LSA are:

 Solicitors
 Barristers
 Legal executives
 Licensed conveyancer
 Patent attorneys
 Trade mark attorneys
 Costs lawyers
 Notaries
 Chartered accountants
 Solicitors: Solicitors form the largest part of the legal profession and often have direct
contact with their clients, providing legal advice and assistance on a range of matters.
They represent clients personally in the lower courts (Magistrates' Courts, County Court and
tribunals). They may also represent clients in the higher courts. (Crown Court, High Court,
Court of Appeal and the Supreme Court) The AR for solicitors is the Solicitors Regulation
Authority (SRA).
 The SRA regulate more than 130,000 solicitors in England and Wales.
 Their purpose is to protect the public
 by ensuring that solicitors meet high standards, and
 by acting when risks are identified.
 Barristers. A barrister is a specialist legal adviser and court room advocate - someone who
puts forward a case on another person's behalf. Barristers are independent, objective
and trained to advise clients on the strengths and weaknesses of their case. The AR for
barristers is the Bar Standards Board (BSB).

 The solicitor will instruct the barrister. However, some barristers are also able to be
instructed directly by members of the public.
Legal Profession in Sri Lanka

 The legal profession in Sri Lanka is primarily divided into the official Bar and
the unofficial Bar.
 The official Bar consists of lawyers who serve in the Attorney General
Department while the unofficial Bar consists of lawyers in private practice.
 Lawyers of exceptional ability and long years of experience in the practice
of the law are appointed by the President as President’s Counsel on the
recommendation of the Chief Justice.
 Inception of BASL in 1974
 The legal profession in Sri Lanka was recognized by the Charter of Justice in the year 1802
and the Bar Association of Sri Lanka was established in 1974 with the amalgamation of the
both branches of law namely the Advocates of Sri Lanka and Proctors of Sri Lanka by the
Administration of Justice Law No 44 of 1973.
 Prior to the introduction of this new Law, Bar Council of Sri Lanka represented the
Advocates of Sri Lanka and Law Society of Sri Lanka represented the Proctors of Sri Lanka
in all matters affecting their respective professions.
 With the introduction of this new Law both these branches of the legal profession was
mingled, in to a one group of legal practitioners as ‘Attorneys- at- Law’ leading to
establish the Bar Association of Sri Lanka as the apex body of all lawyers in Sri Lanka.
Membership of BASL

‘Every person who is an Attorney at Law of the Supreme Court of Sri Lanka shall
be and, every person who is herein after enrolled as an Attorney at Law of the
Supreme Court of Sri Lanka shall on enrolment become a member of the Bar
Association of Sri Lanka’.
BASL Constitution Article 3.1
BENEFITS OF BECOMING A MEMBER IN BASL
Ethics of legal profession

 As a Lawyer, it is necessary to consider aspects of good manners,

etiquettes and good advocacy in his profession.
 There are codes of ethics internationally and locally, a lawyer should follow
when he is in his profession.
 International Bar Association has set some codes of ethics.
 The Constitution 1978 of Sri Lanka has provided power to the Supreme
Court Judges to appoint, remove and to set rules and required ethics in
Articles 136(1), 169 (11),(12) and (13)
 The Judicature Act No. 2 of 1978 also states in section 40, 41, 42, 43 and 44
about admitting, enrolling of attorneys at Law, refusal to admit, suspension
and removal of attorneys at Law, appointing disciplinary committees for
misconducts of attorneys at Law.
 The Supreme Court of Sri Lanka has issued some ethics and rules for
Lawyers.
 Rules of The Supreme Court Relating to the Admission, Enrolment and
Removal of Attorneys At Law, published in the Gazette Extraordinary
No. 9/10 of November 8, 1978.
 The Supreme Court (Conduct of And Etiquette For Attorneys at Law)
Rules. That were published in the Gazette Extraordinary of 7 December
1988.
 The Attire of Judges and Attorneys at Law Rules, 1978 That were
published in the Gazette Extraordinary No. 1/4, of September 07, 1978
Conclusion
Bibiliography

 A. R. B. Amerasinghe , Professional Ethics and Responsibilities of Lawyers,

 https://uk.practicallaw.thomsonreuters.com/7-633-
7078?transitionType=Default&contextData=(sc.Default)&firstPage=true&bh
cp=1
 http://www.basl.lk/
 http://www.sllc.ac.lk/
 https://www.sra.org.uk/home/home.page
 https://www.barstandardsboard.org.uk/