Introduction The statement by Charles Fried constitutes an opinion based upon the standard conception, prevalent in our society, which often characterises lawyers as a distinct group of professionals bereft of a moral compass, acting immorally for the benefit of unscrupulous clients “Along with used car dealers and telemarketers, lawyers are considered among the least trustworthy and least respected of all professionals” It is submitted that a lawyer who acts in the best interest of their client, without over-zealousness, in accordance with the law, and within the guidelines stipulated by their professional body will adhere to the moral principles required in a democratic pluralist society. Lawyers who allow their own morals or what they perceive to be “good”, to impede their professional judgement, is neither serving their client or community in the best professional manner. A lawyer is commissioned to be neither a friend of the client nor to make moral judgements, their job is to follow the client’s instruction, provide professional legal advice and act on their behalf in legal proceedings. A lawyer should not purse any unlawful activities and this can be supported by briefly introducing theories on ethics, referencing the Solicitors Regulation Authority (SRA) and other statutory provisions; such as anti-money laundering regulations. Ethical Theory & The Role of Lawyers It is relevant, before discussing professional codes of practice, to briefly introduce some of the
Criticisms of lawyers are the topic in Richard A. Wasserstrom's article "Lawyers as Professionals: Some Moral Issues." Wasserstrom broke this topic into two main areas of discussion. The first suggests that lawyers operate with essentially no regard for any negative impact of their efforts on the world at large. Analysis of the relationship that exists between the lawyer and their client was the second topic of discussion. "Here the charge is that it is the lawyer-client relationship which is morally objectionable because it is a relationship which the lawyer dominates and in which the lawyer typically, and perhaps inevitably, treats the client in both an
People delegate important personal aspects of their lives to professionals, but not without the risks of unethical behaviors. The word Professional makes one think of wealth and power, which can result in corruption; winning by any means necessary. In the movie The Verdict, Frank Galvin plays a lawyer who has reduced himself to being a drunken ambulance chaser (Brown, Harris, Zanuck, & Lumet, 1982). He is given an opportunity by his good friend, Mickey Morrisey, to morally redeem himself; not only as a lawyer, but most importantly a person.
Over the years, the practice of law has been left to the regime of a group of people commonly referred to as lawyers. Though the term may vary from place to place or jurisdiction, the same has a general meaning to refer to those who have studied law. Further it is left to the jurisdiction’s discretion to determine how they are to grant one the status of being a lawyer either through education, certification amongst other means that different jurisdictions apply to afford such a status.
A lawyer is an officer of the court, and the purpose of the court is to seek justice; therefore, lawyers are continuously caught in an inherent ethical battle between their duties to their client and their duties to the court. This results in conflicting perceptions of their role. Traditionally, there are three perceptions of lawyers in society. Firstly, the amoral lawyer, as outlined by Richard Wasserstrom, is evidently in a more dominant position, and to behave impersonally and paternalistically . Secondly, the perception of the lawyer as a friend, as highlighted by Charles Fried who wrote about the solicitor being a part of the community, and would then act in their interest, rather than his or her own . Finally, the moral lawyer, as explained by Thomas L. Schaffer and Robert F. Cochran who analyze the way lawyers are able to reasonably pick and choose their clients
“People who are striving to become lawyers aren’t usually doing it because they have a keen interest in law, nor do their care about helping people. To a lawyer, those things are usually not evens secondary, the primary concern for most lawyers centers around how to extract as much money as possible from the client.” Aaron Ross
Since the 12th century, the profession of law has held a position of confidence and trust amongst the general public. When an attorney stands before a court system it is understood that he will represent his client to best of ability. An attorney’s character rests on his analytical, critical thinking, and interpersonal skills. At times, those skills could fall short and his ability to properly act on the behalf his the client will come into question. The essay will detail the general concept of attorney competence, disciplinary remedies in place to discourage this behavior, and what the paralegal can to maintain the integrate of the law office.
Throughout modern civilization, the American republic is widely known for its dependency upon the realm of business. Equally as vital, looms the ever-present hand of the American law system. “All beings have their laws: the Deity…man his laws” (Montesquieu,1), this statement serves true in founding that law is consistently a necessary portion in society because all society desires law. As a consequence of the continual presence of law, careers aimed to interpret the crevices of laws, and to defend them, are synonymously as necessary in society. Absolutely, the gain of America’s economy is a direct reflection of the lawyers who protect them. Lawyers are a necessity to the nation; serving their purpose as defenders of the law. The system of
Most professions are based on a specialized body of knowledge and skills, and restricted to those who prove their competence. Law is one of those professions, which is conducted in the interest of those it serves and of the public generally. In addition, some characteristics of legal profession are serving the interest of the clients, devotion to honesty, integrity and good character, "self-regulation codes of conduct and an ethic of public service" (Backhouse, 2-1).
This essay outlines two of the most important problems and/or challenges facing lawyers and the legal profession in regard to access to justice for all Australians. The essay will look at how the profession and legal education should respond to these challenges. In society today many industries are facing challenges and problems, including lawyers and the legal profession. The legal profession, in general, is now finding itself having to adapt to changes at a faster rate at any time in its history. The profession faces many challenges such as adapting to the new age with advances in technology, being forced to adapt and develop of face a downward slop. It also faces problems such self litigation by clients thus loosing money. This essay is broken up into two sections, both sections will examine a problem or a challenge that lawyers or legal professions faces, it will then analyze how to overcome such issue if at all possible. The first section of this essay is on the new era, how lawyer and legal practices have to adapt to the new technology that has advanced in the twenty-first century. The second section is on self representation litigation as more people are actively representing themselves in court or tribunal proceedings on their own behalf.
Legal professionals tend to distance themselves from their client depending on their status in society or level of education. They may identify more with fellow members of the court and will avoid answering specific legal questions by giving vague answers as they believe legal technicalities could confuse the client. This dissociation could be interpreted as the lawyer thinking he is ‘superior’ to the client, even though he should be at the service of his client. In addition to this, a lawyer may not always ‘fight’ as hard as he can for his client’s interests and this could be as a result of various factors – the fee structure of the payment and the need to protect professional working relationships are two possible reasons for this. Basten states that a “lawyer-control model”, as opposed to the “client-control” or “co-operative model”, where the lawyer assumes full control of the relationship, “may fail to preserve the autonomy, responsibility and dignity of both parties.” Alschuler’s research asserts that defence lawyers will often ‘entice’ or ‘coerce’ clients plead guilty in order to suit their own preferences. This often leads to innocent defendants pleading guilty to a crime they did not commit. Such incidents go directly against the liberal Rule of Law principle that guilty pleas are voluntary, and contradicts the adversarial idea
The profession of law has always been considered as a noble profession and not a business that works on the economic principle of demand and supply. It is not proposed that attorneys live on adoration and natural air however; law in essence is a service-oriented
Confidential Information: In various countries judicial decisions, legislation, and legal ethics generally forbid a lawyer to testify about confidential information between himself and his client unless the client consents. Great care needs to be undertaken while dealing with such confidential information. In countries in which the attorney’s obligation to protect state interests is given relatively greater emphasis, there may be a duty to disclose information when it is deemed to be to the state’s advantage.
The Model Rules of Professional Conduct is a set of rules set forth by the American Bar Association (ABA) and “serve as models for the ethics rules of most states.” Although they are not legally binding, they are a comprehensive set of rules that provide an ethical guide for lawyers to abide by in the practice of law. The purpose of this paper will be to discuss what a lawyer is, the rules they should adhere to, discuss examples of unethical conduct, and finally, the ramifications of the unethical conduct of a lawyer.
In TV and movies, corporate lawyers are portrayed in a certain light. They are seen as
To begin, it is important to note that n the English system, the legal profession is distinctly divided; lawyers are either Barristers or Solicitors. While the Barristers are governed by the