Thursday, January 28, 2010

Your Lobbying on behalf of James Ibori: Potential Breaches of the Code of Conduct for the Bar and the Code of Conduct for Members of Parliament

Dear Mr Baldry:
1. I refer to your letter to me dated 8 January 2010. In the letter, you admitted writing a letter to the Secretary of State for Foreign and Commonwealth Affairs, the Attorney-General, the Secretary of State for Justice, the Secretary of State for the Home Department, and the UK High Commissioner to Nigeria on behalf of the serial convict Mr James Ibori.
2. In the letter you alleged that: “The letter I wrote concerning Nigeria was entirely in my capacity as a barrister, properly instructed and fully in accord with the Code of Conduct for the Bar.” 3. You will be aware that Part X of the Code Conduct for the Bar provides a comprehensive definition of legal services. It provides that: ‘"legal services" includes legal advice, representation and drafting or settling any statement of case witness statement affidavit or other legal document but does not include: (a) sitting as a judge or arbitrator or acting as a mediator; (b) lecturing in or teaching law or writing or editing law books articles or reports; (c) examining newspapers, periodicals, books, scripts and other publications for libel, breach of copyright, contempt of court and the like; (d) communicating to or in the press or other media; (e) exercising the powers of a commissioner for oaths; (f) giving advice on legal matters free to a friend or relative or acting as unpaid or honorary legal adviser to any charitable benevolent or philanthropic institution ...’

4. Therefore not everything done by a barrister is done in his or her capacity as a barrister and thereby in accord with the Code of Conduct for the Bar. I suggest that lobbying fellow Members of Parliament in senior Cabinet positions to interfere politically with ongoing judicial and prosecutorial is not covered by the above definition of ‘legal services’ under the Code of Conduct for the Bar.

5. In a similar letter to SaharaReporters you referred to section 303(a) of the Code of Conduct for the Bar. You stated: “I would simply observe that the Code of Conduct for the Bar in the England states that ‘. . . a Barrister must promote and protect fearlessly and by all proper and lawful means the lay client’s best interests and do so without regard to his own interests or to any consequence to himself or any other person’.”

6. You appeared to have overlooked the fact that said section 303(a) of the Code of Conduct for the Bar is found under the part of the Code specifically listed as “applicable to practising barristers.” It does not cover political lobbying.