S Paul Krishnaraja said anyone accused of serious crimes, such as murder, drug trafficking, rape and armed robbery, would naturally want to escape long jail terms and whipping.
“Some lawyers will promise anything to secure these cases as the competition among lawyers practising criminal law is stiff,” he told FMT.
Krishnaraja, a criminal law practitioner of almost 30 years standing, said there have been numerous occasions when clients or their family members have asked whether he was able to secure an acquittal in return for legal fees paid.
“I do not know where these people get the idea that lawyers can help them do this,” he said.
Krishnaraja said that at best, a competent lawyer can only advise that an accused person has a chance of getting an acquittal after taking instructions and reviewing the documentary evidence that the prosecution intends to adduce to prove its case.
“However, the outcome depends on what transpires during the trial and the decision of the judge,” he added.
The lawyer was commenting on an FMT report of disciplinary proceedings taken against a lawyer for violating the Legal Profession Act 1976 by guaranteeing the acquittal of a man and his release from prison in exchange for money.
After an inquiry, the Bar said that the Advocates and Solicitors’ Disciplinary Board issued an “adverse order” as recommended by the disciplinary committee.
The Bar, however, did not say what punishment would be meted out and it is unclear whether the lawyer was struck off from the register, suspended, fined or reprimanded.
Following the incident, the Bar Council’s risk management committee chairman Arthur Wang issued a Dec 20 circular advising lawyers to refrain from giving such guarantees to clients.
Meanwhile, former Bar president Salim Bashir said those who were in the practice of giving false hope to clients were placing their careers in serious jeopardy.
He said lawyers who made such claims would run afoul of Rule 31 of the Legal Profession (Practice and Etiquette) Rules 1978 which provides that “every advocate and solicitor shall at all times uphold the dignity and high standing of his profession”.
“Lawyers are to represent their clients to the best of their ability and to advise on the strengths and weaknesses of a case without guaranteeing success,” he said.
Salim, who is also a former member of the Advocates and Solicitors Disciplinary Board, said the public must understand that no lawyer can guarantee the success of any court proceedings.
He added that while good defence lawyers’ competency, knowledge, and advocacy may give them an edge over others, such skills do not guarantee a successful outcome.