Isle of Man: The Legal Profession
Codes of Conduct and Disciplinary Proceedings
These are set out in the Advocates Disciplinary Rules 2009. The Advocates Disciplinary Tribunal Guidance Notes have been produced to provide general information regarding the procedures adopted in dealing with formal complaints about advocates’professional misconduct. Where the rules are silent, the Isle of Man Law Society will tend to look for guidance from the equivalent English provision. As with the Channel Islands, difficulties may arise where the rules conflict. Additional information can be obtained from the Law Society.
As in other small legal markets, issues of conflict may arise during the course of obtaining legal or investment advice. The rules relating to conflict of interest are essentially the same as those applying to solicitors in England, ie it is not acceptable to have lawyers from the same firm acting for different parties to the same transaction.
With regard to confidentiality, there are no specific statutory provisions. The position in the Isle of Man is basically the same as that pertaining in England:
- codes of practice affirming client confidentiality;
- express/implied term of contract between advocate and his client;
- equitable duty of confidence;
- legal professional privilege.