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THE Chief Justice has urged criminal defence lawyers to do more to promote ethical practices when dealing with clients - such as not launching appeals which have no chance of succeeding.
Chief Justice Chan Sek Keong said they should not 'add more misery to their clients and their families by appealing in hopeless cases, whether against convictions or sentences'.
'In doing so, you are simply taking their hard-earned, and perhaps even borrowed, money unconscionably,' he said.
'Criminal lawyers like to be extolled for their concern for the weak and the oppressed. Let them be extolled too for their conscience when acting for them.'
The Law Society said yesterday the Chief Justice's remarks were a 'timely reminder' to the Criminal Bar to aim for the highest standards of ethical practice.
A spokesman said the society will be publishing 'a guide to professional conduct for advocates and solicitors' within the next few months. It will also continue to engage in regular dialogue with the courts and the Attorney-General's Chambers, and expects 'this collaboration to deepen in the coming months'.
Chief Justice Chan's remarks were reported in the current issue of The Law Gazette, published by the Law Society. He said the Criminal Bar can do more 'to foster an ethos of ethical lawyering'.
The number of magistrate's appeals to the High Court has gone up, he added. There were 248 in 2009, up from 227 the year before, according to the Supreme Court's annual report for last year.
Criminal lawyers say the CJ's remarks pose a difficult challenge, as some clients insist on appealing despite the odds.
Said Mr S.K. Kumar: 'The CJ's call places a premium for lawyers to be more candid in dealing with their clients on the prospects of appeal.' He said some clients want to appeal despite pleading guilty to an offence with a mandatory sentence such as drug trafficking, which carries a minimum five-year jail term and five strokes of the cane.
In a recent case, a man jailed for a month for assaulting a taxi driver insisted on an appeal to try to get his sentence reduced to a fine. His jail term was raised to three months instead.
Said lawyer Mark Goh: 'It is wrong for a lawyer not to tell his client if he knows the case for appeal is hopeless, but there may be no choice as some clients seek closure by insisting on appeal.'
Lawyer Amolat Singh said the Chief Justice's remarks suggest the courts are trying to strike a balance between ensuring the offender's right to appeal and preventing the system from being overloaded with too many appeals.
Lawyer Sunil Sudheesan said the issue means lawyers have to manage their clients' expectations. The problem is that an unsatisfied client may go to another lawyer who will tell him his appeal stands a chance. 'The only currency a lawyer has is his integrity,' he said.
In July, Justice V.K. Rajah rebuked lawyer Leonard Loo for failing to advise his clients - eight China nationals - on the merits of their appeals and the chances of success.
Chief Justice Chan's remarks were made to mark the launch of a new forum involving Subordinate Court judges, prosecutors and Criminal Bar lawyers. The quarterly lunch, initiated by the Law Society and to be hosted by each of the three parties in turn, is aimed at fostering better ties and promoting feedback.
The Chief Justice said the move signals a new chapter in criminal justice here: 'I have not heard of any other jurisdiction where the Bench, the Prosecution and the Criminal Bar have voluntarily agreed to discuss issues and problems of criminal justice that arise from time to time in the course of their work.'
Chief Justice Chan Sek Keong said they should not 'add more misery to their clients and their families by appealing in hopeless cases, whether against convictions or sentences'.
'In doing so, you are simply taking their hard-earned, and perhaps even borrowed, money unconscionably,' he said.
'Criminal lawyers like to be extolled for their concern for the weak and the oppressed. Let them be extolled too for their conscience when acting for them.'
The Law Society said yesterday the Chief Justice's remarks were a 'timely reminder' to the Criminal Bar to aim for the highest standards of ethical practice.
A spokesman said the society will be publishing 'a guide to professional conduct for advocates and solicitors' within the next few months. It will also continue to engage in regular dialogue with the courts and the Attorney-General's Chambers, and expects 'this collaboration to deepen in the coming months'.
Chief Justice Chan's remarks were reported in the current issue of The Law Gazette, published by the Law Society. He said the Criminal Bar can do more 'to foster an ethos of ethical lawyering'.
The number of magistrate's appeals to the High Court has gone up, he added. There were 248 in 2009, up from 227 the year before, according to the Supreme Court's annual report for last year.
Criminal lawyers say the CJ's remarks pose a difficult challenge, as some clients insist on appealing despite the odds.
Said Mr S.K. Kumar: 'The CJ's call places a premium for lawyers to be more candid in dealing with their clients on the prospects of appeal.' He said some clients want to appeal despite pleading guilty to an offence with a mandatory sentence such as drug trafficking, which carries a minimum five-year jail term and five strokes of the cane.
In a recent case, a man jailed for a month for assaulting a taxi driver insisted on an appeal to try to get his sentence reduced to a fine. His jail term was raised to three months instead.
Said lawyer Mark Goh: 'It is wrong for a lawyer not to tell his client if he knows the case for appeal is hopeless, but there may be no choice as some clients seek closure by insisting on appeal.'
Lawyer Amolat Singh said the Chief Justice's remarks suggest the courts are trying to strike a balance between ensuring the offender's right to appeal and preventing the system from being overloaded with too many appeals.
Lawyer Sunil Sudheesan said the issue means lawyers have to manage their clients' expectations. The problem is that an unsatisfied client may go to another lawyer who will tell him his appeal stands a chance. 'The only currency a lawyer has is his integrity,' he said.
In July, Justice V.K. Rajah rebuked lawyer Leonard Loo for failing to advise his clients - eight China nationals - on the merits of their appeals and the chances of success.
Chief Justice Chan's remarks were made to mark the launch of a new forum involving Subordinate Court judges, prosecutors and Criminal Bar lawyers. The quarterly lunch, initiated by the Law Society and to be hosted by each of the three parties in turn, is aimed at fostering better ties and promoting feedback.
The Chief Justice said the move signals a new chapter in criminal justice here: 'I have not heard of any other jurisdiction where the Bench, the Prosecution and the Criminal Bar have voluntarily agreed to discuss issues and problems of criminal justice that arise from time to time in the course of their work.'
