shared with a legal representative to advance the interests of either the legal representative or another client. A stringent test to protect confidentiality is therefore appropriate. It is this principle that has underpinned the introduction of more rigorous principles to protect confidentiality across the Commonwealth, and Namibia should find an appropriately rigorous approach to protect confidential information. It is also important that clients can be assured of the undivided attention of their legal practitioner, and so the duty of loyalty requires legal practitioners not to act for more than one party in the same dispute, where the interests of those parties diverge. In determining the proper approach to the duties of loyalty and confidence, it should be borne in mind that Art 12 of the Constitution requires that litigants be afforded a fair before an independent court in the determination of their civil rights and obligations. In the light of Art 12 of the Constitution, and drawing on the guidance provided by the Commonwealth jurisprudence discussed above, the following principles should guide legal practitioners in observing the duty of loyalty and the duty of confidentiality that they owe their clients. These principles are not intended to be exhaustive and may well be supplemented by other principles as the law develops. First, the duty of loyalty imposes an obligation upon a legal practitioner to act diligently and devotedly in the interests of the client. The duty of loyalty subsists as long as the relationship of legal practitioner and client exists, but is terminated when that relationship is terminated. The duty implies that a legal practitioner may not ordinarily act against an existing client in respect of a matter
shared with a legal representative to advance the interests of either the legal representative or another client. A stringent test to protect confidentiality is therefore appropriate. It is this principle that has underpinned the introduction of more rigorous principles to protect confidentiality across the Commonwealth, and Namibia should find an appropriately rigorous approach to protect confidential information. It is also important that clients can be assured of the undivided attention of their legal practitioner, and so the duty of loyalty requires legal practitioners not to act for more than one party in the same dispute, where the interests of those parties diverge. In determining the proper approach to the duties of loyalty and confidence, it should be borne in mind that Art 12 of the Constitution requires that litigants be afforded a fair before an independent court in the determination of their civil rights and obligations. In the light of Art 12 of the Constitution, and drawing on the guidance provided by the Commonwealth jurisprudence discussed above, the following principles should guide legal practitioners in observing the duty of loyalty and the duty of confidentiality that they owe their clients. These principles are not intended to be exhaustive and may well be supplemented by other principles as the law develops. First, the duty of loyalty imposes an obligation upon a legal practitioner to act diligently and devotedly in the interests of the client. The duty of loyalty subsists as long as the relationship of legal practitioner and client exists, but is terminated when that relationship is terminated. The duty implies that a legal practitioner may not ordinarily act against an existing client in respect of a matter
Witvlei%20Meat%20v%20Disciplinary%20Committee%20for%20Legal%20Practitioners%20(SA%209-2012)[2013](15%20November%202013).docx