ABA Biblical Worldview Assignment

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Liberty University *

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JURI 510

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Philosophy

Date

Feb 20, 2024

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pdf

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Uploaded by cgholl76

The two most important Model Rules are Model Rules 1.1 and 8.4(a). Model Rule 1.1 states A lawyer shall provide competent representation to a client. ” 1 Model Rule 8.4(a) states “ It is professional misconduct for a lawyer to violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of others. ” 2 I chose these two ABA rules because I feel if a lawyer represents their clients in a competent manner they are able to fulfill obligations as a lawyer that will also fulfill God ’s desire for that work. I also feel if a lawyer follows the Rules of Professional Conduct, it will ensure they remain ethical and fulfill ’ s God ’ s intentions through their work. When looking at Model Rule 1.1, this rule has an ethical foundation that requires a lawyer to have the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. As a preamble to the ABA Model Rules, the American Bar Association specifically states an attorney has a responsibility to ensure quality of justice as an officer of the court. 3 It also states a lawyer has several responsibilities as the various roles a lawyer plays during the course of representation. The Preamble states a lawyer ’ s responsibilities include providing a client with their rights and responsibilities and the implications of them, asserting a client ’ s position, seeking a result that is advantageous to the client, and examining a client ’ s legal affairs. 4 If a lawyer follows these lists of responsibilities, it would ensure competence was followed during the course of representation. In looking at how the ethical policies relate to a Biblical standard, it can be found in Hebrews 13:21, which states, “May he equip you with all you need for doing his will. May he produce in you, through the power of Jesus Christ, every good thing that is pleasing to hi m.” 5 in that the Bible tells us to never be lazy, to work hard, and to serve our Lord zealously. God does not want us to be lazy and not complete the tasks handed to us. What is more, God wants us to work in a way that serves him at the same time. To complete a task is not enough, we must do so with him in our hearts and on our mind. God should show through our work. If an attorney were to apply a biblical standard to this rule, it would raise his ethical responsibility, as he would then not only be expected to complete his responsibilities as an attorney but to do so in a way that places God in his work. It could be looked at as “going the extra mile”, doing a bit more than what is expected of you – and doing so in an ethical, moral, God pleasing way. 1 Model Rules of Prof’l Conduct #1.1 (2023) 2 Model Rules of Prof’l Conduct # 8.4(a) (2023) 3 Model Rules of Prof’l Conduct : Preamble & Scope [2] (2023) 4 Model Rules of Prof’l Conduct : Preamble & Scope [2] (2023) 5 Hebrews 13:21 (NLT)

would also need to be applied, but both of these would require a level higher than reasonable to attain what God wants from us. If an attorney would apply his love for Christ in his work, he would represent his client in a diligent, prompt, and moral way. When considering Model Rule 8.4(a), 6 it covers a lawyer ’ s overall integrity. This rule has an ethical foundation of always doing what is right. It is professional misconduct for a lawyer to violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another. Included in the Scope to the Model Rules of Professional Behavior, it states that although compliance of the rules is primarily voluntary and is based on understanding, it does not exempt a lawyer from following them. Additionally, it reminds its audience that failure to follow the specified rules undermines the ethical expectations that comes with intended rules. The ethical responsibilities that come with following all the Rules of Professional Responsibility can be looked at from a biblical perspective from various scriptures. James 4:17 tells us “Remember, it is sin to know what you ought to do and then not do it.” 7 Romans 6:16 says “ Don’t you realize that you become the slave of whatever you choose to obey? You can be a slave to sin, which leads to death, or you can choose to obey God, which leads to righteous living.” 8 Both of these passages relate to Rule 8.4(a) 9 in that it discusses the requirement that a person must always do what they know is right, less they commit sin and choosing to do what is right leads to righteous living. When an attorney is faced with a choice to either act in accordance with the ABA Rules or not, they are making a conscious decision to sin or not. Attorneys are often placed in positions where they could make an easy choice that is wrong, or make a decision to do the right, ethical thing, which may be hard. At times its easy to do the wrong thing. This is sin. This is specifically what God does not want us to do. Attorneys who apply the biblical standard to this ABA Rule would give themselves the opportunity to ensure all Model Rules are followed. It is a straightforward rule that does not have a need for interpretation. The Bible teaches us the very same thing, to do what is right, all the time. An attorney that violates this ABA rule is also violating the word of God and committing sin, whether they apply a biblical standard to their practice of law or not. What’s more, there are attorneys around him who may be violating rules and the attorney could be implicating in that if they are in the same firm. Often times, 6 Model Rules of Prof’l Conduct # 8.4(a) (2023) 7 James 4:17 (NLT) 8 Romans 6:16 (NLT) 9 Model Rules of Prof’l Conduct # 8.4(a) (2023)

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