List of Contents:
1. Introduction……………………………………………….……….. 2
2. Main Body……………………………………………………….…. 2
2.2.1. Duties to client……………………………………………...... 2
2.1.1. M.H. Freedman’s Theory of “Zealous Advocacy”………... 3
2.1.2. Contrasting Theory of J. Noonan……………………...…… 3
2.2. Duties to Court…………………………………………….…... 3
2.2.1. Misleading the Court………………………………………... 4
2.2.2. Point out the relevant law……………………………….….. 4
2.2.3. Preserving Independence……………………………….…... 5
2.2.4. Extent of Duties to Court…………………………………… 5
2.3 Duties to Administration of Justice…………………………… 5
2.4. Barrister’s Morals…………………………………………….. 5
3. Conclusion…………………………………………………………… 6
4. Bibliography………………………………………………………… 7
1. Introduction: This essay discusses the various duties that a barrister owes and the ethical dilemma that arises when such duties are at opposing ends. A barrister owes a duty to the client to act in the way that his client’s best interest are protected and the purpose of his representation in the eyes of the client is achieved but will that justify that incurring harm to the society at large or to the court remains a question to be considered. A barrister must act in the best of interest of his client but such a strict approach will render it difficult for the barrister to fulfill his duties which are owed to the court and to the administration of justice and duty to act with honesty and integrity . If such duties at some point are in conflict what should a barrister do in such
In “The Adversary Judge” Frankel explains how realities of the trial create a “role conflict” between the ideally constructed impartial judge and the realistic adversary judge (Frankel, 1976). Throughout their day people play many roles, these roles are based on the expectations of the people around them and the personality of the person (Frankel, 1976). In particular, judges are expected to play the role of neutrality, intelligence, and patience. Their role is thought to be similar of an “umpire” (Frankel, 1976). It is necessary for them to be objective in order for a just and fair trial to take place. Yet, this ideal role does not occur under the pressure of realities. One reality that pushes away the idea of an “umpire” judge is the heated emotions that occur throughout the trial process. Frankel states” the courtroom explodes as people spring up at several tables shouting objections, usually loudly because they are in some haste and heat to cut off forbidden answers” (Frankel, 1976, p. 472). The attorney’s main goals throughout the trail is to ensure a win for their client leading to competitiveness between both parties. Attorneys do not want to hear they are wrong and always need to be one step ahead of their competitors. This causes the commotion and tense emotions that is usually seen in courts.
Ethical Dilemmas are a pressing issue within any law enforcement or law agency the power that people have in positions such as these force them to share an equal or greater amount of reasonability. Ethics is defined as “the branch of philosophy that typically deals with values relating to human conduct with respect to the rightness and wrongness of certain actions and to the goodness and badness of the motives and ends of such actions”. This definition of ethics courtesy of Webster dictionary shows just how complex the intricacies of ethics are and how major dilemmas might negatively impact departments for instances lawyers are plagued with ethical dilemmas on a day to day basis such as Lawyer advocacy, conflict of interest, Professional
In this task I will write a report about comparing the roles of judges, lawyers and lay people within the English courts.
Beach J discussed the meaning of Attorney Rules 15 – see [84]. He criticised it as unclear, it seeming to deal only with conflict between duty & interest, not duty & duty.
For this criteria I will be producing a written evaluation of the effectiveness of magistrates and juries in the administration of justice in the English legal system.
You have asked me to summarize the Supreme Court of Canada decision in Doré v Barreau du Québec, 2012 SCC 12, SCR 395 and analyze whether the Law society is likely to sanction Evan Frank. Although the Rules of Professional Conduct place limitations on certain conduct to ensure professionalism, the expressive rights of lawyers must be given due respect and the likelihood of Mr. Frank’s sanction will depend on a fair balance of “expressive value” of the content in the letter, with the public’s expectation of professionalism.
In Legal Profession Complaints Committee v Amsden (“the decision”), the Tribunal made findings of professional misconduct against Ms Amsden. Subsequently, they determined that the appropriate disciplinary consequence of was a public reprimand, an order to pay a fine of $5,000, and an order to pay the full costs of the Committee. This paper will outline the legislative and theoretical foundations of legal practitioners’ professional ethics in Western Australia in conjunction with an exploration of the justifications for disciplining legal practitioners. Subsequently, there will be analysis of the Tribunal’s reasons for their findings of professional misconduct against Ms Amsden and the effectiveness of the penalties imposed in achieving the underlying purposes of the system of legal ethics in WA. Particular emphasis will be placed upon Ms Amsden’s conduct in relation to ‘bringing the legal profession into disrepute’; this will necessitate an examination of the concept of law as a profession and its wider role in society.
This essay will discuss the role of the magistrate and jury in the English and Welsh legal decision-making process. It will assess both the advantages and disadvantages of both mechanisms and give an opinion on the contribution they make in the process.
The main argument introduced in the debate considers whether a practicing solicitor can adhere to the traditional values of moral and ethical integrity that have been reinforced through a set of principles such as the Solicitors Regulation Authority Code of Conduct (SRA). The latter consists of ten mandatory principles that are the professional requirements expected of any solicitor. Traditionally, ethical and moral truthfulness have formed the basis of a competent lawyer and thus when adhering to the traditional principles placed upon lawyers, a lawyer was thought to abide to moral standards. I will aim to tackle the debate by arguing that the SRA provides a framework that allows lawyers to be good people. Secondly, I will also be discussing a lawyer’s moral responsibility. and that whilst ‘The lawyer is conventionally seen as a professional devoted to his client’s interest and…required, to do some things for that client which he would not do for himself’ his moral responsibility must not violate the SRA Code of conduct. Finally, it is imperative to explore the ethical dilemmas solicitors face when attempting to make their clients’ interests their own.
The people will not typically be requested to go to this hearing. The magistrates will decide if the case should go ahead and whether the respondent should be held or released on bail until the judgment. The justices’ decisions will also be based on the enough evidence. They may disagree with the CPS and decide that there is not insufficient evidence. If so, they will stop the case. If they agree that there is enough and significant evidence, they will send the case to crown court. According, to the crown court a judge and jury will hear the rape case. Barrister (lawyer in high court) will speak for the (CPS) and for the defendant (the person charged with the crime of rape). The CPS will usually prosecute. After hearing all proofs, the jury
Robert attended Jeparit State School in Ballarat before moving to Grenville College and then on to Wesley College in Melbourne on scholarships. He then graduated with First Class Honors in law in 1916 at the University Of Melbourne. In 1920 Robert Menzies appearance in the High Court on the Engineers’ Case cemented his reputation as a Barrister (a Barrister is a person called to the bar and entitled to practice as an advocate, particularly in the higher courts). In 1920 at the age of 25 he married Pattie Maie Leckie and had three children [Kenneth, Heather and
Attorneys are to represent their clients as members of a legal profession. As long as there has been an attorney-client case, there has been disputes regarding the attorney 's loyalty to their clients. Ethically, the adverse action implicates important professional values which include the obligations of legal professionals to provide services to those that need them, to become fully informed regarding legal matters to ensure competence, and to hold confidential clients ' communication. The attorney should always be truthful as well as trustworthy. According to Banks, “trust is an aspect of professionalism, and the encouragement of trust has become a fundamental characteristic in a professional relationship because
Explain and critically consider the use of lay magistrates in the legal system of England and Wales.
Apart from the academic requirements of my chosen career, there are also several key skills that I need to have in order to be a successful barrister in the future. As the first and foremost duty of a barrister is to