Before answering the question, it would be vital to distinguish the difference between legal ethics and general ethical behaviour. Legal ethics can be defined as special responsibilities that lawyers recognised in which they should adapt to “higher” ethical standards than laypersons whereas general ethical behaviour can de described as rules of conduct that demonstrates how our society are expected to behave and act as guiding principles behind creation of laws. The question of whether a behaviour can be both ‘legal’ and ‘ethical’ at the same time, can be a confusing question to both lawyers and law students. Something may be ethical but not legally required by the law while an act could be unlawful even though it may seemed to be ethical. …show more content…
Viewing from the deontology perspective under general ethics, it would not be ethical as it would be wrong to represent someone who is guilty of their crime. Deontological ethics means following certain moral rules that are good, despite considering the consequences that would happen after. In other words, it is about doing the right thing because it is the right thing to do and to avoid wrong things because they are wrong. Even though it would be unethical to represent the client, she would have to represent the client under cab rank rule in legal ethics.
However, according to Bar Code, para 602, a self employed barrister must comply with ‘Cab-rank rule’. The justification for ‘Cab-rank rule’ is so that unpopular clients could have a representation of a lawyer, therefore, ensuring everyone is equal before the law and entitled to representation of their choice. It can be seen that general ethical behaviour and legal ethics in this context would be vastly different as it produces different outcomes. Nonetheless, there are some circumstances when cab rank rule does not apply which are listed under c30 Bar Standard Boards Handbook 2014. For example, if a barrister lacks experience or competence to handle the case, cab rank rule would not apply in this situation.
It can thus be suggested that when a barrister is viewing under a deontological perspective, it is arguably that he would not represent the client as it is not fair to kill a toddler for
These two statements present clear support for the conclusion that Wasserstrom believes lawyers are positioned in an amoral world. The second conclusion is defended by many statements and situations concerning the lawyer?client relationship. Wasserstrom identifies a few dominant traits with in this relationship containing inequality, created by role-differentiation, and vulnerability.
Lawyers can't represent clients when they have a conflict of interest. For example, an attorney could not sue someone he had previously represented if his previous representation gave him information that would lead to an unfair advantage or the appearance of one. This is where the ethical issues began to arise lawyers in the same firm typically can't represent clients with opposing interests. Even if one lawyer in the firm has no direct conflict of interest, the fact that another lawyer does might prohibit representation that could lead to sanctions or complications for the lawyer or the firm he or she may represent.
As a paralegal I am not sure if in this case I would have any ethical issue. The ethical question would apply more of the relationship between the attorney and client. If the paralegal finds unethical to work on a case where the client is obviously obsess with money and nothing else, and perhaps is willing to do anything to keep his business assets, than the paralegal can asked to not work on the case. In my opinion, to even work in family law practice that takes a special person. Perhaps, someone who understands, that every person have different values and is willing to take extra measures to achieve his or her goal. As well as, probably in every divorce case, one of the spouses is just like Mary Johnson and the other very similar to Samuel
The counsel have to be in the victim side by side in any time helping him obtain his right from the case he have, in case he wasn’t understand any thing in his settlement or contract was offer for him. In some cases if the specific laws the victim need the counsel to represent them the best benefit and interest. If the other party have a counsel the victim need to have a counsel to have legal representation to make sure that all the victim need will take care of.
There are many similarities between the 3 codes of paralegal services such as the 3 stating that a paralegal may perform any task which is properly delegated and supervised by an attorney. Rule 1.1 in the Modern Rules of Professional Conduct, Guideline 2 in the ABA Guidelines, and the Code of Ethics on Nala all state this in their paralegal guidelines. They all state the same guideline because it only makes sense that a paralegal, who is not fully qualified as a lawyer, must receive the training and experience in a real world scenario considering the fact that they know the ins and outs of how the system functions. Also considering the fact that all 3 sources also state that a lawyer may not share legal fees with their paralegal
potential conflict concerns and interests – the involvement of the profession in complaint proceedings against lawyers, or paralegals, however well-intentioned and fair, would always be suspect because
For a lawyer to do less than his utmost is, I strongly feel, a betrayal of his client. Though in criminal trials one tends to focus on the defense attorney and his client the accused, the prosecutor is also a lawyer, and he too has a client: the People. And the People are equally entitled to their day in court, to a fair and impartial trial, and to justice. (p. 166)
Acting as a legal practitioner is considered a “great privilege” and “offers the opportunity to serve the community in a profoundly important way.” Lawyer’s roles as officers of the Court and administrators of justice give them a monopoly on the delivery of counselling and representation services. In order to “maintain their capacity to serve the community” , legal practitioners must accept that they are
Within the book, Dershowitz poses the question of whether prosecutors and defense attorneys are advocates for justice, or only for their clients. The reason for lawyers choosing a client can
Barrister – Legal advocate who is briefed by a solicitor to present the case in court. In this hearing, the defence barrister was Jarred Williams.
Since my journey here at Bryant began in September, I have changed so much. Coming here, I expected certain things such as my study habits, daily routine and friend group to be altered. One change I was not anticipating making was my approach to ethics. Over the course of the past fifteen weeks, my knowledge of ethics as well as my approach to ethics has changed. I have become more knowledgeable about the different approaches to ethics and have gained insight as to where I stand in my approach to ethics.
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.
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
Question #9. What is the ethical obligation of a litigation support staff member to the client? To the court? Of a litigation support person from outside firm or consultant?
When discussing the relationship between law and ethics a lot of things are taken in consideration. But the first thing is to know what each of them mean. In some ways law plays a role in ethical values, while some laws can be influenced by ethical values.