Professional Conduct Rules and Case Laws on Conflict of Interest, Confidentiality of Communication and Privileged Communication

ohn Stuart Blackie says; “A man may be as brilliant, as clever, as strong and as broad as you please and with all these, if he is not good, he may be a paltry fellow and even the sublime which he seeks to reach in his most splendid achievements is only a brilliant sort of badness. One thing is needful; money is not needful; power is not needful; even health is not needful, but character alone – a thoroughly cultivated will – is that which can truly save us.” Character is vital in all professions and walks of life, and in the legal profession particularly, the maintenance of the honesty of the lawyer is a matter of the first importance. The most worthy and effective advertisement possible for a young lawyer, especially with his brother’s lawyers, is the establishment of a well-merited reputation for professional capacity and fidelity to trust. To me, an advocate without character is like a ship without a rudder. As Lord Jeffrey puts it, “A good name, like good will, is got by many actions and lost by one.” Also, as said by Mahatma Gandhi, “A ‘No’ uttered from deepest conviction is better and greater than a ‘Yes’ merely uttered to please, or what is worse, to avoid trouble.” Hence, character is the essential component of ethics and is something which every advocate must develop and exercise in their daily lifestyle. As Judge Donovan points out, “the foundation of a lawyer’s fortune is character… …..out of sight, yet never out of mind and never out of hearing……character grows from every transaction, little & large.”