The Phnom Penh Post

Bar associatio­n monitoring ethics

- Soth Koemsoeun

CAMBODIAN lawyers on Wednesday were urged to adhere to their code of ethics at the 24th Convention of the Cambodian Bar Associatio­n in Phnom Penh.

Lawyers were also told they must continue to update themselves on new laws passed by the National Assembly as senior Ministry of Justice officials and the Judicial Institutio­n convened to address issues and implement reforms.

Appeal Court prosecutor Uk Savuth said he took great pride in his work as a lawyer, but some people in the field failed to realise that they were valued and respected.

Savuth told The Post: “A judicial officer once took note of offences committed by an offender and his account was recorded in a manner to benefit the offender.

“He had changed the records to reflect the wrongdoer as the complete opposite.

“When [the innocent] become wrongdoers they are handed an unfair sentence, while wrongdoers walk free having escaped justice.

“If an investigat­ion is relaunched, t he judicia l officer and his notes will not be of va lue any longer. These people are a scourge to the profession.”

All lawyers have to hold themselves to a higher standard, Sav ut h said.

Ministry of Justice secretary of state Chiv Songhak said that beyond monitoring lawyers’ profession­alism, the ministry had already establishe­d the Court of Commerce and was in the process of drafting procedures for it.

The Court of Commerce will be managed by the Phnom Penh Municipal and Provincial Courts with a separate court chief, Songhak told The Post, adding that when the procedures are finalised, the ministry will train judges and prosecutor­s before they hear the first case.

He said: “Law yers and judges have to study commercial law as it is ver y dif ferent and has a lot of different aspects to it, but I don’t k now whether ever y law yer will increase t heir capacit y to better ser ve t he public.

“The Bar Associatio­n of the Kingdom of Cambodia [BAKC] held a series of workshops, but sometimes lawyers aren’t well-informed on draft commercial laws or new laws as they are passed by the National Assembly.”

BAKC president Suon Visal said the Associatio­n had worked hard since it was establishe­d in 2017 to resolve issues plaguing the profession, but some matters were still outstandin­g.

“These problems abuse of the code include t he of conduct. The BAKC has made efforts to resolve t hem in cooperatio­n wit h its Council.

“Certain problems arise from [members] who do not adhere to our ethics. That reflects poorly on the profession as a whole.

“We have formed a disciplina­ry council to investigat­e and discipline lawyers. In some cases, defence attorneys who brought a witness before the court ended up being charged with conspiring with the accused.

“This seriously affects the perception of lawyers. The BAKC has issued a letter to relevant institutio­ns to ensure that lawyers behave profession­ally,” Visal said.

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