26/6/19 Sharp Practice
Prohibited conduct by a licensed lawyer in taking, or attempting to take advantage of a slip or overlooked technical matter by the other side to litigation, and to agree to reasonable requests which either prejudice his client or the interests of justice.
Besides the duty which a lawyer owes to the court and his client, she or he is bound to treat the opposite party and fellow lawyers with civility, fairness and propriety. Failing to do so is sharp practice.
Obviously from the above, it is challenging to pin down a definition of sharp practice as it is subject to both a wide and a more limited definition by those law societies that prohibit sharp practice.
One standard is to include in the prohibited conduct all forms of professional bullying including, but not necessarily limited to, any use of tactics that though falling short of a breach of ethical duties, is mean-spirited, deceitful or grossly discourteous to the other side or an overly aggressive litigation strategy: Rambo-style.
• To intentionally embarrass a another lawyer;
• To file a related claim and to not promptly advise the other lawyer;
• Moving to default judgment without advising the other side; or
• Deliberately and deceitfully failing to answer correspondence.