Enforcement - of - Ethics - For - Private - Advovcates - ZECHARIAH
Enforcement - of - Ethics - For - Private - Advovcates - ZECHARIAH
1.0 Introduction
2.0 Disciplinary Bodies
3.0 Disciplinary Procedures
4.0 Remedies against Disciplinary Actions
1.0 Introduction
• Advocates are supposed to adhere to high moral and
legal standards of professional conduct and ethics.
• Where they breach rules of professional conduct &
etiquette, advocates will be held liable for the
misconducts.
The Disciplinary
Process for Advocates
2.0 Disciplinary Authorities
Advocates Committee
Higher Judiciary
2.1 Judicial Censure Against Advocates’
Misconduct
• U/s. 22 of the Advocates Act, the Chief Justice and all judges may censure
advocates misconduct.
• U/s 22(2), a High Court Judge may admonish, suspend or order the removal of an
advocate’s name from the Roll of Advocates.
• See:
1. Lord Munuo Ng’uni v. Judge i/c Arusha High Court;
2. Ado Shaibu v. Hon. John Pombe Joseph Magufuli & 2 Others,
(Misc. Civil Cause No. 29/2018) [2019] TZHC 3 (20 September 2019 (Feleshi, JK)
3. Alex Peter Msalenge & Another v. A.G., Advocates Committee (DSM), Appeal No. 01/2022
2.2 Advocates Committee
• This is main disciplinary body for advocates who are accused of professional misconducts.
• It is established under s. 4(1) of the AdvocateNB: Meetings of the Committee are fixed by
the AG (s. 5)
• s Act.
• It is composed of:
1) A High Court Judge (nominated by the CJ) who normally acts as the chairperson of the Committee;
2) The AG, DAG or DPP, and
3) A practising advocated nominated by the Governing Council of TLS.
2.3 TLS’ Disciplinary Capacity
Rule 4.-(1) “A person who is aggrieved by the conduct of an advocate or believes that an advocate has-
(a) committed a professWho may file a complaint?
ional misconduct;
(b) failed to discharge his duty to the client in a professional manner;
(c) engaged in a business which is inconsistent with the dignity of the profession;
(d) permitted his professional service or his name to be used by an unauthorized person; or
(e) committed any act prohibited by the Act, or any other law regulating the professional conduct of an advocate,
may, in writing, apply to the Committee for removal of the advocate’s name from the Roll or that
advocate be required to answer the allegation against him.”
Pleadings
6. 6. Verification:- I, ……………………………. being the …………………….. in this case, hereby certify that what has been stated above is true to the best of my knowledge/information supplied to me
by the applicant. (Signed) ……………….……………… Dated this … day of ………., 20……. ………………………………… APPLICANT / REPRESENTATIVE / ADVOCATE FOR APPLICANT