In principle, in carrying out his professional duties advocates are bound to the professional code of ethics advocate and legislation. Advocates may be subject to action to take action against legislation, advocate oath or advocate’s professional code of ethics.
Self-rejection is an act against an advocate’s oath / pledge. One of the oaths promised by an advocate reads:
“I will not refuse to defend or provide services in a case which I think is part of my profession’s responsibility as an advocate.”
However, the Advocate Profession Code of Ethics is allowed or even required to refuse a case or provide legal assistance to a prospective client, or to resign from the client’s case.
- An Advocate may refuse to provide advice and legal assistance to anyone who needs legal services and or assistance with due consideration for not being in accordance with his expertise and contrary to his conscience;
- Advocate must refuse the attention of the case which according to his conviction there is no legal basis;
- Advocates who need the mutual interest of two or more parties shall withdraw from the maintenance of such interests, in addition to the conflicts arising between the parties concerned.
In addition, advocates are also not justified in the presence of assigned duties at times that do not benefit the client’s position or at the time of the task will be able to cause losses that cannot be owned again for the client concerned.
So, it can be concluded that the advocate is allowed to reject the applicable terms and conditions.
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