He or she is duty-bound to practise without fear or favour. 29 of 2018 in the matter of the constitution of the united republic of tanzania 1977, [cap. This document sets out the duties and responsibilities of the firm’s advocates to the court and our client. Accordingly, they are expected to adhere to the highest standards of probity and honour. All applicants are required to get endorsement from their respective Pastors/ Parishes. (1)An Advocate whose name has been removed by order of the Supreme Court or a High Court or the Bar Council as the case may be, shall not be entitled to practice the profession of law either before the Courts and authorities mentioned under Section 30 of the Advocates Act, 1961 or in chambers, or otherwise. In: Articles, How To Be A Successful Lawyer. He should not be a headstrong and arrogant . Employment by advocate of persons struck-off the roll or suspended. An Advocate shall not stipulate for a fee contingent on the results of litigation or agree to share the proceeds thereof. Read Also: NEW TANZANIAN JOBS OPPORTUNITIES 2019 (1,168+ POSTS) Advocate not to act as agent for unqualified person. These rules have been placed there under section 49(1) (c) of the Advocates Act, 1961. An advocate is by definition a person of honour and self-discipline. The wide proportional in numerous English law-based wards could be an advocate or a specialist. In Tanzania, The Companies Act No.12 of 2002 is the law that stipulates the provisions regarding regulation and the control of companies. Is he there to assist the system in providing proper and full justice OR to protect his client? While facing financial and competitive pressures, advocates must fulfill and balance their duties to the client, opposing counsel, the administration of justice and society. in the high court of tanzania (main registry) at dar es salaam miscellaneous civil cause no. Offences by bodies corporate. This paper mainly focuses on conduct of advocates. An advocate’s duties are not carried out in a vacuum. Advocates often work with civil cases where they read contracts or disputes from another group which is also represented by another advocate. Advocate Job Description What does advocate do? 19. DUTIES AND RESPONSIBILITIES . Penalty for failure to disclose fact of having been struck-off, etc. 40. An advocate should on all occasions show respect towards the court. Advocates have the dual responsibility of upholding the interests of the client fearlessly while conducting themselves as officers of the court. An Advocate shall not buy or traffic in … He should fulfill his duties with the eternal and immutable interests of truth and justice. IntroductionAn Advocate in this sense is an expert in the field of law. In Tanzania, all companies are governed and regulated under The Companies Act No 12 of 2002.The Companies Act provides for different types of companies or entities that are formed for various purposes, commercial or non commercial. Be thoroughly familiar with all of the laws of the Order as stated in the “Charter, Constitution and Laws” and the council by-laws. Different Duties of an Advocate. When companies are incorporated, they come into existence for a particular purpose.. The legal profession in Tanzania can be divided into three sections: the Bench, the Private Bar and the Public Bar. 2. An advocate renders his or her services individually and takes personal responsibility for his or her decisions in the course of doing so. Legal Assistant, Arusha, Tanzania IRMCT - International Residual Mechanism for Criminal Tribunals Updated: 2021-01-12T00:39:52Z An advocate is a professional in the field of law.Different countries' legal systems use the term with somewhat differing meanings. 2 r.e, 2002] as amended from time to time and in the matter of the basic rights and duties enforcement act, [cap, 3 r.e, 2002] This purpose is executed and carried out by individuals, as mandated under The Companies Act, who carry out these activities in conformity with their statutory duty. Duties: Duties of an Advocate towards his/her Client: An advocate is bound to accept briefs from a client and should levy fee at par as compared to the fee demanded by his fellow advocates practicing at the same Bar and the nature of the case. Is it his responsibility to ensure speedy trial OR he can delay the process on one pretext or other, in the interest of his client? Some of the basic and crucial duties are summed up below:-RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT-• Bound to accept briefs. ADVOCATE The Advocate is the parliamentarian for the council and his duties are to: 1. Distinctive nations' lawful frameworks utilize the term with fairly varying implications. An Advocate shall not act on the instruction of any person other than his client or his authorised agent. 39. The advocate’s duties must be within the bounds of the law, as no professional privilege exists if the actions of the advocate were to help the client in the commission of a criminal act. Persons entitled to practise as notaries public and commissioners Other Duties: There are many other “Moral-Duties” of an advocate towards the client apart from the above-mentioned duties: He shouldn’t use any quite “undue influence” over his client. What are the duties obliged by a lawyer towards his client? When shipping something internationally, your shipment may be subject to import duties and taxes. [20] The advocate must do so to the conclusion of the suit even if that client fails to pay his fee. 3.1) Duties of an Advocate’s Towards the Court. Applying Instructions. These additional charges are calculated based on the item type and its value. For more BLOG/ NEWs, CLICK HERE. Tanzania - Import Tariffs Tanzania-Import-Tariffs Includes information on average tariff rates and types that U.S. firms should be aware of when exporting to the market. 43. When a by-law is to be revised, the advocate serves as chairman of the revision committee. 42. The Act further provides for regulations and control of an entity through its officers, who have different duties and obligations as specified through company law. The Supreme Court in a recent decision, O.P. He shouldn’t present any false and forged documents as evidence. 21. Every country taxes items differently – see how duties are applied in Tanzania, United Republic of Sharma v. High Court of Punjab & Haryana, had the occasion to examine the rules regarding Professional Conduct and etiquettes of advocates.The case in hand dealt with the contemptuous conduct of advocates before a magistrate, which resulted in suo moto initiation of contempt proceedings by the Punjab & Haryana High Court. Last Published: 1/28/2019. Patient Advocate Duties Insurance Policies Patient Complaints Explaining Rights Payment Support Worked With Loved Ones A patient advocate is a health care professional who looks out for the best interests of an individual patient as well as groups of patients. Professional Ethics is a subject which has to be followed by everyone irrespective of their profession and it is not just limited to legal profession. 01 April 2011 I want to know the duties and responsibilities of an advocate. DUTIES AND RESPONSIBILITIES. The daily responsibilities for advocates vary based on the industry they’re in and whether they work for a company or an individual. They are not necessarily lawyers but they are experts in specific legal areas. ... Must have successfully Completed year at the Law School of Tanzania and Registered as an advocate of the High Court and Subordinate Courts thereto save for Primary Court. Advocates are legal advisers and representatives of a person or a group. Advocate is called to serve both the interests of justice and those rights and privileges that are entrusted to him/her to defend the rights of his/her client. An advocate should not come close with the opposite party with the idea of a conspiracy. An advocate should discharge his duties fearlessly and faithfully. Duties to the court In relation to the court, advocates must: Not knowingly or recklessly deceive or mislead the court or allow another person to do so, Comply with court orders which place obligations upon them Ensure […] However, the core duties performed by advocates are universally the same in spite of these variances: Respond to Questions Every advocate has rights and duties. Rules on the professional standards that an advocate needs to maintain are mentioned in Chapter II, Part VI of the BCI Rules. The advocate must plan to solve the disputes by compromise initially. Disclaimer: An advocate should not accept a brief or appear in a case in which he has reason to believe that he will be a witness, and if being engaged in a case, it becomes apparent that he is a witness on a material question of fact, he should not continue to appear as an advocate if he can retire without jeopardising his client’s interests. for Oaths in Mainland Tanzania in accordance with the provisions of this Act and to levy fees in accordance with the First Schedule– (a) an advocate; and (b) a person entitled to practise as a notary public in England, Scotland, Northern Ireland or the Republic of Ireland. The Bench is composed of at least 5 Court of Appeal judges, at least 15 High Court judges, and several Resident, District and Primary Court magistrates. There are more Duties of an Advocate towards a client but we managed to provide you the most important ones. PART IX – REMUNERATION OF ADVOCATES 44. Please Subscribe for more updates. 41. Visit our Instagram page @lawyergyan at this link. This paper will discuss about the duties of advocate towards various parties such as client, opponent, colleagues, public etc. Advocate Duties and Responsibilities. An advocate should always ensure that the interest of his client should never hurt by any act or omission of his own. Advocate’s duties do not merely start from and end in faithful performance of assignments. He should not be proud of himself. Every advocate in Tanzania mainland is entitled to act as notary public and commissioner for oaths thus has power to administer oaths and certify the authenticity of documents. If you want to know more duties or want to add some please mention it in the comment section. No costs recoverable where unqualified person acts as advocate. 20. During the presentation of his case and also while acting before a court, an advocate should act in a dignified manner. General duties of an advocate are given below:- Things to know about duties & taxes. ... Must have successfully Completed year at the Law School of Tanzania and – Registered as an advocate of the High Court and Subordinate Courts thereto save for Primary Court. An advocate should maintain his dignity Independence and integrity . An advocate who violates these duties is considered as he has violated the principles of professional ethics. He should give consideration for others. The advocate may justify the reason behind the refusal of …