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UNIVERSITY OF DAR ES SALAAM

SCHOOL OF LAW
DEPARTMENT OF PRIVATE LAW
BACHELOR OF LAW (LL.B)
COURSE OUTLINE (LEGAL ETHICS-LW 404): 2017/2018

I. Preliminary Information

Course Name: Legal Ethics

Course Weight: 2 Credits, Compulsory
Course Code: LW 404
Course Duration: SemesterII
Course Delivery: Three hours per week for 15 weeks (45 hours)
Course Assessment: Course Work 40% and Written Examination 60%
Course Coordination: C.K.K. Morris (with Dr. W.R. Tenga, D. Daniel& H.K.
Mlinga)
Email address: [email protected]
Office Location: Prof. A. B. Weston Building
Consultation Hours: TBA

II. Introduction
The course is specially designed for fourth year LL.B students for two main
reasons: first, to raise students’ academic standards and, second, to better
prepare students for their career as ethical professionals. The main aim is
thus to reduce students’ unethical behaviours and equip them with necessary
skills on how to deal with various ethical dilemmas.
Thus, this course provides an understanding of the ethical standards and codes
in categories of legal profession. It covers relevant Codes of ethics, universal
and specific standards of professional responsibility by or against law
professional. It also covers disciplinary regimes for defaulters and enforcement
mechanisms as laid down by the law and usage; surveys the roles, powers and
shortcomings of professional bodies or authorities dealing with ethical
standards of lawyers in the country.

III. Objectives
The course aims at providing students with an understanding of the ethical
standards and codes in categories of legal profession. Further, in order to

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develop proficiency in comprehension of legal ethics, the course thus covers

relevant Codes of ethics, universal and specific standards of professional
responsibility by or against law professional. It also covers disciplinary
regimes for defaulters and enforcement mechanisms as laid down by the law and
usage; surveys the roles, powers and shortcomings of professional bodies or
authorities dealing with ethical standards of lawyers in the country.

IV. Teaching Methodology, Attendance and Participation

This course is taught through a combination of lectures, class discussion, in-

class exercises, and small group work assignments. The goal is an active and
engaged class room environment. Students should hence read and think about the
earlier assigned concepts for meaningful discussions in class

Students are urged to familiarize themselves with the UDSM Regulations as

regards to attendance of lectures, seminars and examination rules.

V. Assessment

The Coursework (test, timed essays, take home essays etc.) dates will be provided
in advance in the matrix, or as announced by the coordinatorand/or lecturers
during class sessions.

VI. Course Materials

These are provided for in the form of basic readings a list of which is contained in
this course outline. For each topic the specific lecturer will remind and/or direct
students to relevant parts of such materials. Also supplementary materials not
provided for in this course, may be cited to students by lecturers for further reading.

VII. Outline

Topic One: Introduction to Legal Ethics

1.1 Historical background to legal ethics

1.2 Theories of ethics (Morality, Ethics and Human Behaviour)
1.3 Origin and concept of justice (and professionals)
1.4 Philosophical basis/jurisprudence of legal ethics
1.5 Legal ethics and Professional Responsibility

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Topic Two: The Legal Profession in Tanzania

2.1 Role and function of legal profession

2.2 The Supply of Legal Services and Legal Aid
2.3 Legal Education and the Qualifying Process
2.4 The Organization of the Legal Profession and its Services
2.5 The Legal Profession in Zanzibar

Topic Three: Legal Practice, Ethics and Professional Responsibility

3.1 Ethical dimension of legal practice and misconducts

i. The Qualifying Process

ii. The Test of Moral Character
iii. Competence and Malpractice
iv. Unauthorised Practice
v. The Lawyer as a citizen

3.2 Delivery of professional services ethically

i. Professional Duties
• To Client
• To the Court and the administration of justice
• To the Profession (section 66, Advocates Act)
• To the public
• To yourself

ii. Dealing with Clients

• Acceptance of Instructions
• Withdrawal of instructions and withdrawal from retainer
• Remuneration (Part VI of the Advocates Act and Rules
thereunder)
• Contingency Fees
• Legal Aid
• Touting
• Advertising

3.3 Other important ‘Dos’ and ‘Don’ts’ in lawyering

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Topic Four: The Enforcement of Ethics against Legal Practitioners

4.1 The Disciplinary Authorities

i. Judicial powers (High Court, Court of Appeal)
ii. The Advocates Committee
ii. Tanganyika Law Society(??)

4.2 The Disciplinary Process

4.3 Sanctions against misconduct
4.4 Dissatisfaction and remedial avenues

Topic Five: Professional Ethics of State Attorneys and Lawyers in Public

Services

5.1 Categories of professionals

5.2 Applicable Code of ethics
5.3 Disciplinary machinery and processes
5.4 Sanctions against misconduct
5.5 Dissatisfaction and remedial avenues

Topic Six: Professional Ethics of Judicial Officers

5.1 Categories of professionals and codes of ethics

5.2 Applicable ethical values and challenges
5.3 Disciplinary machinery and processes
5.4 Sanctions against misconduct
5.5 Dissatisfaction and remedial avenues

Topic Seven: The Future of Professional Ethics in Tanzania

5.1 General shortcomings in the regimes

5.2 Areas of improvements
5.3 Ideal professional image (future)

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VIII. Readings

Twaib, Fauz (2008) The Legal Profession in Tanzania (Law Africa

Publishing, Nairobi).

Hutchinson, Allan C. Legal Ethics and Professional Responsibility in

Canada (1999).

Harvey, W.B. (1975) Introduction to the Legal System in East Africa

(E.A.C.B. DSM)

Shivji, I.G. (1972) “From the Analysis of Forms to the Exposition of

Substance: The Tasks of a Lawyer Intellectual” 4 EALR p. 1

Rwelamira, M. (1981) “The Tanzania Legal Profession” in Dias, Clarence

J., Luckham R, Lynch, D.O. and Paul, J.C. (eds) Lawyers in the Third
World: Comparative and Developmental Perspectives (Uppsala: Scandinavian
Institute of African Studies) pp 204.

URT (1977) The Report of the Judicial System Review Commission (“the
Msekwa Report”) Dar es Salaam, Government Printer. Recommending abolition
of private legal practice (Recommendation # 29 at p. 313)

URT (1995)Legal Task Force FILMUP (1995): Legal Sector Report.

URT (1996) Financial and Legal Management Upgrading Project (FILMUP):

Legal Sector Report, pp. 62-71.

Justice H.R. Nsekela“Advocates as Officers of the Court – Ethical and

Business Considerations – The Tanzanian Experience.” (2000)

Justice Laurean B. Kalegeya, “The Role of Advocates in the

Administration of Justice in the Commercial Court of Tanzania – One Year
after its Establishment.” (2000)

Kinemo, Ross E.J. and Alfred Nyamwangi, “The Tort of Negligence on

Advocates in Tanzania” Paper on the WEB–
http://www.tzonline.org/pdf/thetortofnegligence.pdf (Note, the article
plagiarizes extensively from Twaib (2008), without any acknowledgment).

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Morris, H.F. and Read, J.S. (1972): Indirect Rule and the Search for
Justice: Essays in East African Legal History, London: Clarendon Press.

Bwengye, Francis (2002), Legal Practice in Uganda: Law, Practice and

Conduct of Advocates, Marianum Publishing Company, Kampala.

Twaib, Fauz“Professional Conduct and Ethics for Legal Professionals in

Tanzania: An Overview”, paper presented at a Conference on Professional
Ethics in the Legal Sector held at Kilimanjaro Kempinski Hotel, Dar es
Salaam, 23rd March 2007.

Tanganyika Law Society: Rules of Professional Conduct and Etiquette

(MkukinaNyota Publishers, Dar es Salaam)

East Africa Law Society: Compendium of Codes of Legal Practice, Conduct,

Ethics and Etiquette in East Africa, (Law Africa, Nairobi)

Law Reform Commission: Position Paper on the Review of the Civil Justice
System in Tanzania, 2007, Chap. 3.

Kleinig, John (1996): The Ethics of Policing, Cambridge Studies in

Philosophy and Public Policy
Pollock, J.M. (2007): Ethical Dilemmas and Decisions in Criminal Justice,
Wadsworth, 5th Ed, Belmont, CA
Messe, E. & P.J. Ortmeier (2004): Ethics and Policing: Challenges for the
21st Century, Prentice Hall, Upper Saddle River, NJ
Geuras, Dean & Charles Garofalo (2001): Practical Ethics in Public
Administration
El-Ayouty, Yassin et al (2000): Government Ethics and Law Enforcement:
Towards Global Guidelines
Cohen, Gerge& Susan Koniak (2003): Foundations of the Law and Ethics of
Lawyering: Ethics, (Foundations of Law)
Luban, David (2007): Legal Ethics and Human Dignity, Cambridge Studies in
Philosophy and Law
Goodman, Debbie (2007): Enforcing Ethics: A Scenario-Based Workbook for
rd
Police and Corrections Recruits and Officers, 3 Ed
Barker, Tom (2006): Police Ethics: Crisis in law Enforcement

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❖ Statutes:
A. Principal Legislation (Tanzania Mainland)
• Advocates Act, Cap. RE 2002 (Proposed Amendments 2003)
• Notaries Public and Commissioner for Oaths Act, 1964, [Cap.
12 RE 2002]
• Tanganyika Law Society Act, Cap. 307 [RE 2002]. (Proposed
Amendments 2003)
• Oaths and Statutory Declarations Act, 1966, Cap 34 (RE
2002)
• Legal Aid (Criminal Proceedings) Act, 1966 Cap 21 (RE 2002)
• Business Licensing Act, 1972, Cap 2008 (RE 2002)
• Business Names (Registration) Act, Cap. 213 (RE 2002)
• Companies Act, Cap. 212 [RE 2002]
• The Law of Contract Ordinance, 1961, Cap 345 (RE 2002)
• Appellate Jurisdiction Act, 1979, Cap 141 (RE 2002)
• Construction of the United Republic of Tanzania, 1977
• Constitution (Consequential, Transitional and Temporary
Provisions) Act, 1984
• Tables of the Acts of Parliament of the Republic of
Tanganyika and the United Republic of Tanzania, 1961 to
1965
• Tanzania Court of Appeal Rules, 1979, G.N. 102 of 1979
• United Republic (Declaration of Name) Act, 1964
• The Law School Act, No. 18 of 2007.

B. Subsidiary Legislation (Tanzania Mainland)

• Advocates (Accounts Regulations), 1956
• Advocates (Disciplinary Proceedings) Rules
• Advocates (Disciplinary) Rules, G.N. No. 135 of 1955
• Advocates (Professional Requirements) Regulations, 1963
• Advocates Ordinance (Application of Section 3 to the
Tanzania Legal Corporation) Order, 1971
• Advocates’ Remuneration and Taxation of Costs Rules, 1991
• Courts (Prevention of Touting) Rules, G.N. No. 239 of 1946
• Primary Courts (Civil Procedure) Rules, 1964
• Primary Courts (Evidence) Regulations, G.N. No. 22 of 1964
• Rules of Professional Conduct and Etiquette of the
Tanganyika Law Society
• Tanzania Legal Corporation (Establishment) Order, 1970
• Code of Conduct for State Attorneys

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C. Principal Legislation (Zanzibar)

a. Advocates Remuneration Ordinance, Chapter 10 of the
Revised Laws
b. Civil Procedure Decree, Chapter 8 of the Revised Laws
c. Constitution of the State of Zanzibar, 1963
d. Constitution of Zanzibar, 1979
e. Constitution of Zanzibar, 1984
f. Courts Decree, 1923
g. Evidence Decree, Chapter 17 of the Revised Laws
h. Existing Laws Decree, 1964, Presidential Decree No. 1 of
1964
i. High Court Act, 1985
j. High Court Decree, of 1964
k. Kadhis’ Court Act, 1985
l. Legal Instruments (Restriction on Preparation) Ordinance,
Chapter 11 of the Revised Laws
m. Legal Practitioners Decree, Chapter 28 of the Revised Laws
n. Magistrates’ Court Act, No. 3 of 1985
o. Notaries Public Decree, Chapter 29 of the Revised Laws
p. People Courts Decree, 1969
q. Supreme Council Decree, 1970
r. Tanganyika (Constitution) Order in Council, 1961, S.I.
1961 No. 2274
s. Tanganyika Independence Act, 1961, 10 & 11 Eliz. 2 c.l.
t. Trade Disputes (Arbitration and Settlement) Decree,
Chapter 1971

D. Subsidiary Legislation (Zanzibar)

u. Advocates’ Remuneration and Taxation of Costs Rules
(Zanzibar)
v. Courts (Prevention of Touting) Rules, Chapter 3 of the
Laws (subsidiary (Zanzibar)
w. Zanzibar Order in Council of 1884
x. Zanzibar Order in Council, 1924
y. Zanzibar Treaty of 1896

E. Private Constitutive Documents

z. The Constitution of the Zanzibar Law Society (under the
Societies Act, Zanzibar)

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aa.The Memorandum and Articles of Association of the East

Africa Law Society (Under the Companies Act, Cap 212,
Tanzania).

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