I The Nature of Rules of Professional Conduct

Rules of professional conduct are not designed simply to define obligations, a breach of which may involve a disciplinary sanction.A disciplinary sanction is imposed only as a remedy of last resort.It can indeed be regarded as an indication that the self-discipline of the Members of the profession has been unsuccessful.

Rules of professional conduct are designs, through their willing acceptance by the lawyers concerned, to ensure the proper performance by lawyers of a function which is recognised as essential in all civilised societies.

The particular rules of each Bar or Law Society are linked to its own traditions and are adapted to the organisation and sphere of activity of the profession in the country concerned, to its judicial and administrative procedures and to its national legislation.It is neither possible nor desirable that they should be taken out of their context nor that an attempt should be made to give general application to rules which are inherently incapable of such application.

In seeking a common basis for a code of professional conduct for the Community one must start from the common principles which are the source of specific rules in each Member country.