Proposal to impose a penalty fee on a lawyer who applies for a postponement
Friday, 27 August 1999 12:00am
The Bar Council views with concern the statement/proposal by the learned judge Justice Dato’ K.L. Rekhraj to impose a penalty fee on a lawyer who applies for a postponement of his client’s case which has been fixed for hearing. The Bar Council is of the view that there are sufficient Rules and mechanism to ensure that a lawyer does not apply for a postponement of his client’s case without just cause or reason.
In civil cases, where one party applies for a postponement of the case without the consent of the other, the Court may in its discretion allow the postponement but subject to the party applying for the postponement paying costs to the other party. In some cases when a lawyer applies for postponement due to some default on his part he may be ordered to pay the costs personally instead of by his client when the postponement is granted by the Court. If the Court does not allow the postponement the case will have to proceed according to the Rules.
There may be times when both parties may jointly request for a postponement in which case the question of costs will not arise. In the event, a lawyer applies for postponement without just cause or reason and is merely delaying the disposal of the case such conduct can be viewed as a breach of the Rules of Ethics and is a conduct unbecoming of an Advocate and Solicitor and a complaint may be lodged against him to the Disciplinary Board.
Members of the public seek legal redress or remedy in our Courts. As such the Courts are providing a public service to the people, that is, to adjudicate on their cases. Often lawyers are told by the Courts to try to settle their client’s case where possible and to avoid lengthy and long drawn out trials. It is not in the public interest for the Courts to insist on proceeding with the hearing of the case when the parties are negotiating a settlement.
The Bar Council is of the view that it would be unreasonable for the Court to order a lawyer to pay the penalty, presumably by himself personally to the Court, when the lawyer applies for the postponement acting on his instructions of his client.
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