IPOH, Nov 16 — A strong judiciary and a sound justice system area pre-requisite for the growth and development of a nation, said the Regent of Perak Raja Dr Nazrin Shah.

He said in a democratic society like Malaysia, the legal system was the ultimate bastion that ensured fairness and justice so that all are treated in a fair and equal manner.

“The courts and lawyers, therefore, have an important role in preserving the rights, equalities and freedom guaranteed by the constitution,” he said in his keynote address at the Inaugural Perak Bar Law Lectures 2013 here today.

He said it was imperative that lawyers and judges must possess high levels of intellectual capacity, emotional and social intelligence to gain the stakeholders trust and confidence in the justice system.

He said this was because every citizen wants purity in the legal system.

“As you are aware, there are several stakeholders in the legal system. Each stakeholder needs to work with a common vision for the coherent development of the legal system which has to be transparent and fair.

“The common goal of national development cannot disregard the need for a strong, fair and dynamic legal system which is integral to a prosperous and developed nation,” he said.

Nazrin said lawyers were entrusted with upholding the law and justice and therefore the profession should attract not only those with a high intellect but also those endowed with integrity and honesty.

“When ethical questions do arise, they are usually difficult, case specific, and do not lend themselves to easy answers. Indeed,  sometimes, there is no precise ‘right’ or ‘wrong’ answer but often there is only a right approach that will at least result in a response that is informed by good faith and a clear conscience that one did one’s best,” he added.

Thus, he said to develop ethical awareness in a given situation, one first needed to understand general ethical obligations and it was vital for lawyers to be conscious that they have professional and moral obligations.

Raja Nazrin said lawyers whether in the public or private sectors were bound by the letter and spirit of the legal professional rules  of the various governing professional bodies.

“These, in turn are underpinned by common law and equitable principles as to duties that are owed by a lawyer to an individual client,  to the community, the courts and to justice itself.

“As officers of the court, whether you serve in the government service or the private sector, you owe an ethical duty to the court and  a duty to do justice, which is in fact the paramount duty. It is not in conflict with other duties, as lawyers you primarily serve the  interests of justice,” he said.

According to him, the performance by counsel of his paramount duty to the court would sometimes, require him to act in a variety of  ways to the possible disadvantage of his client. 

“Counsel, both in the public service and in private sector should not mislead the court, or cast unjustifiable aspersions on any party  or witness, or withhold any document which detracts from his client’s case,” he said.

He said it was important not to lose sight of the fact that lawyers discharge their responsibilities in an adversarial context. 

However, he said it must always be ensured at all times that every case was presented to the court fairly and justly and furthermore the  community was entitled to expect that cases would be presented fearlessly, vigorously and skilfully. — Bernama