Explain Whether The Key Concern Raised Against Self-Regulation Of The Legal Profession

PARTIES: IN THE MATTER of the Legal Profession Act 2004 (Qld) and the Supreme Court (Legal practitioner Admission) Rules 2004

Our law firm has a number of lawyers who have the experience and the resources to examine and investigate the facts of the case to look for discrepancies and mistakes

Organizations such as Midwives alliance of North America, International confederation of midwives and the National association of Certified Professional Midwives are all agencies that have created codes of ethics and value in an attempt to self-regulate. The act of self-regulation is an important one. If an entity does not regulate itself then many times the state tries to step in and regulate the profession for them. However, this can be problematic since no one knows the profession better than those within it. Having a series of ethics in place to regulate the profession as a whole aids in keeping those within that field accountable. Yet, when self- regulation occurs normally the ethics are understandable for that profession. Whereas if an

In the case R v Brown[2015] EWCA Criminal 1328 it was appropriate, in an extremely narrow band of cases and as an additional common law exception to the inviolable nature of legal professional privilege, to extend the principle in R v Cox (Richard Cobden) (1884) 14 Q.B.D. 153 (Cox v Railton) by imposing a requirement that particular individuals could be present at client/lawyer discussions if there was a real possibility that the discussions would be misused in a way amounting to abuse of the privilege that justified interference.

The Different Ways in Which Unsatisfactory Work and Behaviour by a Barrister and a Solicitor Can be Dealt With

In prosecuting disbarment cases against a lawyer, the burden of proof rests upon the complainant, and must establish the case against the respondent by clear, convincing and satisfactory proof. When deciding upon the proper function, the Court considers that the primary purpose of disciplinary proceedings are to protect the public; to foster public confidence in the Bar; to preserve the integrity of the profession; and to deter other lawyers from similar misconduct.

Accordingly, solicitor A has not observed the required ethical values and attitude expected of a competent solicitor who is expected to not only abide by the rule of law but to promote the rule of law for the benefit of the society. Consequently, it can also be said that solicitor A has demonstrated that he is not fit to be a solicitor as he is not fit for the purposes of upholding the rule of law. Allowing him to continue to practice, in my opinion would not only cause disrepute to the legal profession as a whole but the public would also lose their trust in the legal profession as a whole. In my opinion the principals involved in this scenario are of ethical and morals. Solicitor A has acted unlawfully and it is reasonable to expect no reputable, competent and professional solicitor to behave in such a manner. Therefore, in my opinion, it is highly likely that solicitor A’s conduct will be seen to amount to professional misconduct, due to the nature of the

The first criticism of cause lawyering is that cause lawyers choose their clients according to whether their case can be used to advance the lawyer 's cause. This method of client selection, Meyer states, violates the NP principle that lawyers need only concern themselves with legal matters, not ethical ones. Simon argues that the benefit of neutrality is that irrespective of their views on the 'justice of their ends ' a lawyer is expected to represent a client, as they bear no moral responsibility for the client 's purposes. This principle means that NP litigators act for a much wider range of

I interviewed Mr. Clint Russo an attorney at law, Mr. Rosso works for McGowan & Cecil, LLC in Laurel, MD. Mr. Rosso has may challenges, and responsibilities in his job, first he explained his duty as an paralegal he has a code of professional conduct, this applies to all his clients, the responsibilities is to make sure the client receives the best they can get, and the best interest of the client. Setting, aside what’s good for the client, Mr. Rosso also explained how some cases are not the same, Mr. Rosso specializes in automotive accidents Mr. Rosso had made cases where there is lack of evidence, and witnesses that can favor his client. This leads to more work, since he has to do what’s right for the client, and help them out. More challenges can be dealing with competing interest, dealing with insurance companies, and presenting the evidence. When you step up in front of the judge, you have to give it all to win the case. It’s not only the client’s case that’s in the line, but also his name and reputation. The more cases he wins, the better the reputation he’s going to get, which can lead to more success in the future. He also has to manage his personal life, and other client’s accident he explained since not every case is not the same there are some that are harder than others and are time consuming but he has to protect his client’s rights and he gives his dedication, time and the necessary attention to all his clients.

When looking at the works of different legal ethicists there are a variety of perspectives presented on whether the concern of legal ethics is the morality of lawyers, the morality of clients or the morality of law, with some arguing that it is concerned with all three. The content of this course has focused primarily on the morality of lawyers and this was the concept that I struggled with most.

Indeed, the concerns surrounding legal fees are not unfounded. Those seeking legal advice tend to be in a submissive position and yet it appears that legal professionals take advantage of this vulnerability by charging excessive fees, for what may be – unbeknownst to the layman—a basic case. This has led critics to question whether the legal profession has done everything in its power to address the subject of legal costs—particularly contingency fees— and the issues which they raise, namely that of conflict of interests and the promotion of access to justice.

The main reason behind private practice lawyers’ reluctance to take on pro bono cases is liability risk. In Canada, most practicing lawyers have professional liability insurance coverage. According to the Federation of Law Societies of Canada (“FLSC”) report, in Ontario, 85 out of 125 charges laid resulted in conviction. Overall, LawPro (main insurance provider to lawyers in Ontario) received 5140 complaints. Even though there is only 1.65% chance of a successful malpractice claim (but 68% chance if a charge is laid), lawyers are still fearful of such claims. Lawyers practice meticulously because mistakes will end their career. For example, the team of lawyers that drafted the contract in the comma case will likely not be hired again. The legal profession is reputation based. Clients expect expertise, competence, and perfection. Failure to deliver less than a perfect document that costs the client money will ruin the lawyer’s reputation. The time between the retainer agreement and closing letter, lawyers are vulnerable. The opposing counsel cannot harm the lawyer as

Alice Woolley states, “a lawyer will be influenced by an ethical theory because that theory accords with the lawyer’s own intuitions and existing moral commitments ”. However, the issue in determining the ability to be a good lawyer and a good person arises due to problems that are made apparent through the role of the lawyer by society. Through discussion of different theoretical approaches to legal ethics, it will be evident that a lawyer may be influenced by such theories, but ultimately, their decisions are based upon their own intuitions and moral commitments, agreeing with Alice Woolley’s statement.

Present facts in writing and verbally to their clients or others and argue on their behalf

Explain the principles of regulation for professional Practice Introduction: This report will compare and contrast two health care professions under the principles of regulations. The two health care professions are Radiotherapy and Occupational Therapy. It will mention the professional education and registration needed, principles of the care profession, code of conduct, ethical issues, professional boundaries, the parameters, clinical governance and continuous professional development for each health care profession. Professional education and registration: According to Glasgow Caledonian University (GCU) to study radiotherapy the minimum entry requirements are four B’s and physics and math 's at a national five level at grade B. It is a four year degree which is a bachelors’ qualification in radiotherapy and oncology. Half of the year is made up of clinical placement. There are currently 30,044 radiographers on the register. (SOR, 1/07/2015). Similar to radiography, with occupational therapy (OT) the minimum grades are 3 B’s and a C plus math at a national 5 level. This is a 4 year course full time. GCU have a minimum of 1000 clinical placement hours that must be undertaken before the course is completed. There are currently 36,219 on the register. (1/07/2015). Both health care professions register with the Health Care and Professionals Council (HCPC). If radiographers and occupational therapists would like to remain on the register they must