The Code of Conduct for Legal Practitioners, 2051
The Code of Conduct for Legal Practitioners, 2051 (1994)
The Nepal Bar Council has, in exercise of the powers conferred on it by section 27 of the Nepal Bar Council Act, 2051, (1994) framed the following Rules.
1. Short Title and Commencement:(1) These Rules may be cited as the “Code of Conduct for Legal practitioners, 2051”.
(2) This Regulation shall commence on such a date as the Council may appoint.
2. Definition: Unless the subject or context otherwise requires, in this Rules:
(a) “Act” means the Nepal Bar Council Act, 2050.
(b) “Disciplinary Committee” means the Disciplinary Committee referred to in section 11 of the Act.
(c) “Court” includes also a quasi-judicial body.
(d) “Bar Association” means the Nepal Bar Association and includes also the units thereof.
3. Professional Conduct of the Legal Practitioners:(1) A Legal practitioner shall abide by the following professional conducts:
(a) A legal practitioner shall not commit any act contrary to the basic principles of morality.
(b) A legal practitioner shall not induce his client to initiate any false case.
(c) A legal practitioner shall not fabricate a case with an intention to harass or to avenge any person.
(d) A legal practitioner shall not withhold his cooperation to the court in the disposal of cases either directly or indirectly.
(e) A legal practitioner shall not abuse or cause to abuse the judicial process.
(f) A legal practitioner shall not prohibit his client from making true statement before the court.
(g) A legal practitioner shall not spreader disseminate or transmit a false information of any kind which may bring dishonor to the court or Judge or legal practitioner during the course of the discharge of judicial function.
(h) A legal practitioner shall not return the brief to his client in such a way that the service of a new lawyer could not be availed of by him.
(i) A legal practitioner shall not misappropriate the funds of any organization or association.
(j) A legal practitioner shall not act contrary to the following codes of conduct:
– shall be punctual to the court;
– shall appear in court in prescribed dress with black coat;
– shall show due respect to the Bench and opposing Counsel;
– shall refrain from making false accusation, expressing hatred or angers or enmity against opposing counsel and his client;
– shall treat with courtesy to the officers/staffs of the Court;
– shall plead his case with due respect to the Bench only when his turn comes up.
(k) No precedent to be cited and knowingly pleaded which has been already overruled and no law be pleaded which is not applicable or is repealed or which has been amended subsequently, in order to benefit one’s client.
(l) A legal practitioner shall not knowingly assert any fact before the Bench unless the same could be substantiated from the documents from his case file.
(m) A legal practitioner shall not accept a case involving a document in which he has reason to believe to be called himself as a witness.
(n) A legal practitioner shall not disclose any information communicated to him by his client in his professional capacity in any manner.
(o) A legal practitioner shall not raise/use large signboard, no previous designation or status not related to the legal practice to be published in name card or visiting card or file or letter-pad with an objective of commercial publicity.
(p) A legal practitioner shall not raise/use large signboard, no previous designation or status not related to the legal practice to be published in name card or visiting card or file or letter-pad with an objective of commercial publicity.
Provided that this restriction shall not apply in case of those documents in which a legal practitioner’s field of specialization or expertise on particular type of cases are indicated or printed.
(q) A legal practitioner shall not stipulate his fees on percentage or on contractual basis or by way of bidding from the client.
(r) A legal practitioner shall not appear before a court under the influence of any intoxicating drinks or drug the course of his professional duty.
(s) A legal practitioner shall not base his fees on the outcome of a case.
(t) A legal practitioner shall not submit any false record/statement to the council as and when demanded.
(u) A legal practitioner shall not certify or sign any document which has not been prepared by himself or under his instruction or advise the same is prepared by his junior working in his firm/chamber.
(v) A legal practitioner shall not use or engage any tout or agent for commission with a view to solicit any client.
(w) A legal practitioner shall not engage himself in the business/transaction of transfer of properties as a broker.
(x) A legal practitioner shall not involve in drafting or pleading of the same case on behalf of both the plaintiff and defendant and also shall not instruct knowingly any other law practitioner or writer or other persons who work under/with him.
(y) A legal practitioner shall not prepare/use any blank paper obtained from the client converting the same into a legal deed or construct a document with a view to gain benefit for himself and causing harm to the client;
(z) A legal practitioner shall not destroy or otherwise render invalid as evidence any original document obtained from the client on instance from the opposite party to the case;
(aa) A legal practitioner shall not make available any original documents/evidence received from his client to the opposite party with a motive to bestow benefit to the latter.
(ab) A legal practitioner shall not commit any kind of corruption related offence.
(ac) A legal practitioner shall not commit any crime related to moral turpitude.
(2) A Senior Advocate shall abide by the following code of conducts in addition to the codes as referred to above in sub-rule (1):
(a) While pleading before a Bench in any case he shall not appear without engaging at least one advance with him.
(b) A Senior Advocate, under normal circumstances, shall not appear before an administrative offices for pleading.
(1) A complaint may be lodged with the Council on the matter of violation of professional conduct by any legal practitioner.
(2) Every complaint to be filed pursuant to sub-rule (1), shall accompany with Rs. 100/ case or Bank draft as fees and must specify the allegation of breach of code of conduct by a particular legal practitioner with evidential support.
Provided that no fee shall be payable on complaints pertaining to the information or notice forwarded by the Court or Bar Association.
(3) The Disciplinary Committee before initiating actions in connection with a complaint may direct the complainant to place further information or documents.
5. Confidentiality to be Maintained:
The Council and the Disciplinary Committee shall maintain confidentiality as to the name of the complainant.
The Council prior to award a punishment for violation of the professional conduct against any legal practitioner shall observe the following procedures:
Where a complaint has been lodged with the Council against a legal practitioner or any information has been received in this connection the Disciplinary Committee may on the basis thereof, carry out of cause to be carried out an inquiry as to whether or not it was necessary to initiate proceedings against the legal practitioner.
If as result of an inquiry conducted under sub-rule (1) a case is established against any accused legal practitioner, the Disciplinary Committee shall give reasonable opportunity requiring him to explain his position against the charges
While giving an opportunity to defend the charges leveled against the concerned legal practitioner, pursuant to sub-rule (2), the grounds on which the charge is based and the punishment that may be awarded to him shall also be specified.
If any legal practitioner is found to have for the first time, violated the conducts referred to in clause (a) to (u) of sub-rule (1) and in sub-rule (2) or Rule 3, he shall be admonished.
If any legal practitioner is found to have violated the conducts referred to in clauses (v) and (2) of sub-rule (1) or Rule 3, or violated the conducts after having been awarded the punishment of admonition once before, his licence shall be suspended restricting him from legal practice for a specific period of time.
If any legal practitioner is found to have violated the conducts referred to in clauses (x) to (ac) of sub-rule (1) of Rule 3 or if he is found to have violated the conducts again even after having been awarded the punishment of suspension of the licence restricting the practice of law for a specific period of time, the licence of such a law practitioner shall be revoked.
8. Notice of Punishment:
The notice of punishment awarded to a legal practitioner shall be communicated to the courts, the Judicial Council, the Office of the Attorney-General of the Kingdom of Nepal and the Nepal Bar Association.
9. Letter of Appointment of a Legal Practitioner:
In order to defend and to plead in a case before any court a legal practitioner shall submit a letter of appointment as a law practitioner in the from as prescribed in schedule-1 of this code.
10 Repeal : The Law Practitioners’ Regulations, 2025 (1968) has been hereby repealed.