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practice as a Solicitor it is necessary from time to time
to give written undertakings, whereby a Solicitor under-
takes to do certain things. The common form of under-
taking is that given to a Bank on a client's behalf to
lodge either the proceeds or the net proceeds of the
sale of property with the Bank on completion. It
cannot be emphasized too strongly that the very
greatest care must be taken with the wording of an
undertaking to ensure that it correctly covers the posi-
tion, that it is in accordance with your instructions and
above all that you are absolutely certain that you will
be able to comply with its obligation. It must never
be forgotten that a Solicitor is personally liable on
foot of his undertaking and this is the reason why he
must have clear instructions and the fullest authority
necessary to give the undertaking in the first place.
Diplomacy before the Judge
It is quite obviously not possible to adequately cover
in one lecture the range, extent and scope of a Solicitor's
duties and responsibilities and these will become very
apparent as one acquires experience in practice, because
in any event they derive from the essential standard
that, as a Solicitor, you will be required to maintain.
There is one area in the field of litigation and in
particular with regard to advocacy where an inexper-
ienced Solicitor may have considerable difficulty in
appreciating his duties and responsibilities to his client
and to a considerable extent these derive from the
nature of the practical application of the rules of
evidence that obtain in our Courts and our adversary
trial system. This could be summed up by saying that
a good pleader knows the law and a better one both
knows the law and knows the Judge. While it is not
only desirable but usually essential to know the law
with regard to any particular point, it is also most
important to have the common sense to resist the temp-
tation to expound one's knowledge where the Judge is
not particularly interested in the point of law but may,
if properly handled, nevertheless give the desired
decision. An advocate must at all times bear in mind
that he is in Court to serve the best interests of his
client and he must
never
indulge his fancies or expound
his knowledge or in fact enjoy himself at the expense
of his client. His duty is to achieve a particular
result. The art of knowing when to speak up and
when to shut up, which is largely bound up with the
essential requirement of having some knowledge of the
personality of the Judge, is usually a greater advantage
than the most expert knowledge of the particular point
of law in question. It should at all times be borne
in mind that Judges are human and while they usually
appreciate and welcome assistance from the members of
the legal profession who appear before them, and with-
out which they could not properly discharge their
functions and exercise their jurisdiction, they do not
like being told their business. It should therefore always
be remembered that Judges usually do, or can reason-
ably be expected to know more about the Law and in
particular its practical application, than a young legal
practitioner is likely to do. The showing of respect and
deference for the occupant of the bench will achieve
greater results even in a bad case than a most expert
knowledge of the Law or its most brilliant exposition
or presentation is ever likely to do. If one word were to
be selected to summarise the essence of the proper
relationship within the atmosphere of the Courtroom
between the Judge and the Solicitor I would choose the
word "diplomacy". Each party in this rather peculiar
relationship has a job to do and a clear but sympa-
thetic understanding of the others position and role is
the best recipe for the effective discharge of their
respective functions. Confrontation has no place in the
atmosphere of the Courtroom, either with Judges or
witnesses. It should always be borne in mind that it is
the duty of the Lawyer to present the facts in the
clearest and fairest manner possible in such a way as
will assist the Court to discharge its essential function
which is the dispensation of justice. In the context of
litigation, a Solicitor has very grave duties and re-
sponsibilities to discharge, in aid of his role in the
entire process of the dispensation of justice and the
judicial function. In this respect it must always be
borne in mind that a Solicitor, as distinct from a barris-
ter for that matter, is an officer of the Court and as such
is required and can be expected to give the Court
every assistance possible, subject to the paramount con-
sideration of the interest of his client.
Obligations
Probably the most important obligation of a Solicitor
is the essential requirement to which reference has
already been made as an integral part of a Solicitor's
makeup that he be completely honest and this does
not apply to money matters alone. "Honeste vivere,
non alienum laedere, suum cuique tribuere". These
words are taken from an inscription on the wall of the
Harvard Law School Library which reads. "The pre-
cepts of the law are these: to live honourably, not to
injure another, to render to each his due." It is surely
reasonable to expect that those who practise the law
would keep these precepts clearly in their mind and it
begs the question whether the last precept is the
obligation referable to justice? Are the duties of good
faith and due care legitimate concerns of law and
society but not exactly of justice? Professor Paul A.
Freund of the Harvard Law School in a Treatise 011
"Social Justice and the Law" suggests that instead,
each of these precepts ought to be comprehended in
justice and that each is an aspect of a more general
notion. He goes on to pose the question whether each
of Justinian's precepts is not an instance of the fulfil-
ment of reasonable expectations : that a person may
rely on the good faith of another, that he may expect
another not to injure him carelessly or wantonly, that
he may expect to receive what reasonably may be
deemed to be due to him? Hopefully it is not necessary
to labour this point but for no man is honesty more
important than for a Solicitor. It is the quality of
honesty that creates the essential bond of confidence
that must exist between Solicitor and client, because,
without confidence on the part of his client in him
both as a practitioner and a person, a Solicitor will
not be able to serve his client to the fullest extent
desirable.
Solicitor should respect confidence of his client and his
right to privilege
The duty of a Solicitor to respect the confidence of
his client is intimately allied to the right of a Solicitor
to claim privilege in respect of virtually all Solicitor and
client communications and his obligation to preserve
the utmost secrecy with regard to his client's affairs-
This obligation in turn derives from the Solicitor's right
of privilege which simply stated means that a Solicitoi
may never, without the permission of his client, he
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