MAJALAH AL-HIKMAH EDISI 13-2024

(SWT) loves. A responsible Muslim lawyer shall endeavor to act for his client within the bounds of his religion and professional propriety. He understands well the variety of obligations to his clients, the courts, the public and the legal profession in general, and other members of the legal profession. The mandatory code of professional ethics for lawyers is laid under the Legal Professional Act 1976 (hereinafter referred to as the LPA 1976). As a professional, the lawyer upholds the rule of law, possesses a vast knowledge of the law, and is familiar with the court’s mannerisms. Lawyers must be prepared to undertake their duties fearlessly. In addition, they must also possess sound knowledge of both procedural law and substantive law. Lawyers must endeavor to point out to their clients the acute limitations of the litigation process such as escalating costs, and lengthy appeal processes. Ethically, lawyers must avoid protracted litigation. They must use their professional judgment to encourage their clients to consider out-of-court settlements. In addition, they must encourage amicable settlement by using mediation. Nearing the trial stage, responsible lawyers would have periodically reviewed the thoroughness of his preparation for trial. He would have made final arrangements for witnesses: timing, final interviews with their clients and their witnesses, reviewing exhibits, and preparing outlines for their proposed submissions. The after-trial stage refers to situations after the service of the notice of appeal, after the service of cross-appeal, during the hearing of the appeal, and after judgment on the appeal. A highly effective and ethical lawyer will do a postmortem on the whole case and find out what persuaded the court to deliver a decision that does not favor his or her client. He or she will also see whether there is any opportunity for both parties to settle for a win-win situation. For instance, if he or she is acting for the judgment creditor, he or she would have advised that although judgment may have been obtained by the judgment creditor, yet execution proceedings may take a couple of years before the judgment creditor may achieve the fruits of litigation. Responsible lawyers are aware of the laws regulating professional etiquette, conduct, and discipline of lawyers are succinctly stated in the Legal Profession Act 1976 under various rules namely the Legal Profession (Practice and Etiquette) Rules 1978 [hereinafter referred to as ‘LPPER 1978’], the Solicitor Accounts Rules 1990 (hereinafter referred as ‘SAR 1990’) and the Legal Profession (Publicity) Rules 2001 [hereinafter referred as ‘LPPR 2001’). As such, they must stay away from attempting to commit various types of unethical practices, deceiving the courts, conducting civil proceedings to cause delay, harass or injuring the opposite party, involve in touting, and appear in court if pecuniarily interested. Lawyers’ Accountability for Clients’ Monies It is clearly stated in the Holy Qur’an that all transactions must be recorded because it represents a form of responsibility and accountability. The need to be accountable for one’s actions is stressed in several Quranic verses. For example, the Holy Qur’an states, “Allah will not call you to account for things that are made unintentionally in your oaths, but he will call you to account for what your hearts have earned, and Allah is Oft-Forgiving, Most Forbearing (Al-Baqarah: 225). 17