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Bye Law 15 (1) and (2) of the Law Society Bye Laws, 1992 enacted under section 42 of the Legal Practitioners Act 15/1964(6) defines misconduct, unprofessional or dishonourable or unworthy conduct on the part of an attorney.

Misconduct.
15. (1) The Council may from time to time publish to its members guidelines in the form of rulings concerning the standards of conduct to which it expects members to adhere.
(2) Unprofessional or dishonourable or unworthy conduct on the part of an attorney member shall, without restricting the generality of those terms, include —
(a) a breach of faith or trust in relation to his client or in relation to any estate of which he is the executor, administrator, trustee, liquidator, receiver or curator;
(b) withholding the payment of trust moneys without lawful excuse;
(c) failing within a reasonable time to respond to an enquiry from a person to whom he owes a duty to reply;
(d) failing within a reasonable time to render his client a detailed statement of account after being called upon so to do;
(e) failing without good cause to wind up a deceased estate without undue delay;
(f) directly or indirectly inviting or advertising or touting for instructions for professional business or doing or permitting in the carrying on of his practice anything which may reasonably be regarded as likely to attract business unfairly;
(g) carrying on practice at any office which is not under the direct and personal supervision of a duly qualified attorney;
(h) giving or taking allowances in contravention of these Rules;
(i) sharing offices with a person who is not a member;
(j) in any way assisting, allowing or enabling an unqualified person to charge, recover or receive any fee, or derive any remuneration for or in respect of or in connection with the preparation or execution of any documents, or the performance of any professional work which only an attorney, notary or conveyancer, as the case may be, is qualified by law to prepare, sign, execute, attest or perform or in any way conniving at any arrangement, agreement or under-
standing whatsoever whereby any such fee or remuneration as aforesaid is or shall be charged, recovered or received by any such unqualified person;
(k) failing to pay within a reasonable time the reasonable fees and disbursements of any attorney, notary, conveyancer or advocate in respect of work entrusted to such practitioner by him unless —
(i) at the time of giving initial instructions in regard to such work, he advised such practitioner that he did not hold himself responsible for the payment of such fees and disbursements; or
(ii) payment is withheld for a reason which the Council deems good and sufficient;
(l) claiming in a letter of demand payment of costs or demand or collection commission unless the debtor is under legal obligation to pay such costs or commission;
(m) failure to comply with a determination by the Council in terms of Bye-law 16(d) of a reasonable fee;
(n) any material breach of the provisions of the Act or of these Bye-laws, including the failure to pay an annual subscription to the Society within the period stipulated in Bye-law 19(3).
(3) It shall be regarded as unprofessional conduct for any attorney to act on the instructions of any organisation or person, not being a practising attorney or an assessor acting on the instructions of a registered insurance company, whose business or part of whose business is to make, support or prosecute claims resulting from death or personal injury or who solicits instructions to make, support or prosecute any such claim in expectation of any payment, gift or benefit in respect thereof, unless the relationship between the attorney and the person on whose behalf instructions are given to him is properly a relationship of attorney and client and —
(a) instructions thereafter are received from such client direct; and
(b) the attorney’s costs and charges are payable by such client; and
(c) the attorney’s independent professional judgement is exercised on behalf of such client without outside interference or control.
(4) Unprofessional or dishonourable or unworthy conduct on the part of an advocate member shall, without restricting the generality of those terms, include —
(a) rendering professional services other than on the instructions of an attorney admitted in Swaziland except in the following cases —
(i) Crown prosecutions and appeals;
(ii) pro deo defences;
(iii) matters undertaken at the request of the Court;
(b) practising in a relationship which in the least degree represents a partnership;
(c) directly or indirectly inviting or advertising or touting for professional business;
(d) accepting a brief as an advocate in Swaziland while, directly or indirectly, carrying on the business of an attorney or solicitor in any other country;
(e) practising as an advocate while actively engaged in the carrying on of any other professional, commercial or industrial undertaking; except that an advocate may be a director, but not a managing director, of a limited liability company engaged in such an undertaking;
(f) any material breach of the provisions of the Act or of these Bye-laws, including failure to pay an annual subscription to the Society within the period stipulated in Bye-law 19(3).