Exceeding Authority by Professional Self-Governing Bodies of Advocates and Legal Advisors: An Analysis in Light of § 19(8) of the Principles of Advocacy Ethics and Dignity of the Profession (The Code of Ethics for Advocates) and Article 20 of the Code of Ethics for Legal Advisors

This article examines the rationale behind the establishment of professional self-governing bodies for advocates and legal advisors, as well as the ethical principles guiding these professions. It identifies a critical issue: these bodies have mandated that their members refrain from submitting motions for evidence in court if doing so would disclose confidential professional secrets. The author contends that this prohibition conflicts with the fundamental role of advocates and legal advisors, both in societal and procedural contexts. It undermines the core purpose of legal representation and contradicts the obligation to act in the best interests of clients. The article calls for further discussion to address these concerns.