In today`s global economy, it is extremely important for young lawyers to learn basic professional values that, therefore, act with integrity, provide appropriate support to the Court, and foster public confidence in the legal system, which ultimately contributes to ethical work and respect for human rights. State courts, legislatures, and bar associations are all involved in regulating legal practice in each state. Legislators enact laws with which lawyers must comply. The courts decide cases by applying the facts to the law. They are also generally responsible for appointing members of state ethics committees that hear complaints. The legal profession also has codes of conduct that govern it and its practitioners. In addition, a code of conduct would help preserve the dignity of the profession while keeping the profession rooted. In Anglo-American legal systems, prohibition has three aspects. First, a lawyer is not allowed to represent two or more clients at the same time if, in order to promote the interests of one, he must refrain from representing the conflicting interests of another.
In short, it cannot be both for and against a customer. Second, he cannot later accept a job from another to reverse what he had been retained to do before. Third, he cannot accept further employment of others in the case of the use, appearance of use or possible use of confidential information received from his former client. Such actions are prohibited by law and legal ethics. The difficult question is: which conflicts, if not resolved, lead to a violation of professional ethics and which are not? Of course, the interests of the client and the company do not always coincide, and the principles of legal ethics do not always indicate the lawyer`s obligations in such situations. Should a lawyer cross-examine an opposing witness in a way that undermines or destroys his or her testimony if he or she believes that the witness is actually telling the truth? Can he rely on rules of evidence to exclude points that would speak against his case, but that he believes to be true or probable? Can he take advantage of the mistakes of an inexperienced opponent? Should he request a jury trial in order to delay such a trial if such a trial would not benefit his client? These questions can be answered differently in legal systems that operate under different premises. A system in which a lawyer presents a client`s case in the most legally permissible light and in which the court must decide on the merits may well lead to different responses from those of a system that gives greater priority to the lawyer`s obligation to the State to ensure the proper administration of justice. The principles of legal ethics, whether written or not, not only govern the practice of legal practice, but also reflect the basic assumptions, premises and methods of the legal system in which the lawyer operates. They also reflect the profession`s perception of its own role in the administration of justice. In democratic countries such as the United States, Canada, European Union member states, and Japan, this view implies the basic assumption that the typical lawyer, while primarily engaged in representing private interests, also has significant public responsibility.
After all, a lawyer is a court official who plays a crucial role in maintaining the integrity of the legal system. Therefore, a lawyer must avoid tactics that would undermine the fair administration of justice, even if he or she is working vigorously to advance a client`s interests. If a member of a law firm is excluded from handling a case because of a conflict of interest, this applies in principle to all members of that firm. This can have serious consequences in some cases, as companies may have hundreds or even thousands of lawyers working for them, and companies may have offices in many cities around the world. Since codes of ethics are established by different bodies and associations created for this purpose, they vary from place to place, as do the disciplinary measures taken. However, there are some common grievances that apply at all levels. These include: When dealing with a client, a lawyer may (i) not allow the interests of the practitioner or an employee of the practitioner to conflict with those of the client; (ii) exert undue influence to dispose of the client in a manner that favours the practitioner beyond the practitioner`s fair remuneration for the legal services provided to the client. If a solicitor is found guilty of professional misconduct, he or she is liable to prosecution under section 35 of the Advocates Act 1961. Your case is referred to a disciplinary committee, which in turn sets a hearing date and notifies the defaulting lawyer.
Below is a summary of some of the most important ethical rules to follow when practicing law. These measures have done more than correct abuses. They also recognized the societal importance of the functions performed by lawyers and identified qualified persons to perform them. Within the profession, an awareness of the need for standards of conduct has developed. It has become the heart of legal or professional ethics. To overcome the possibility of compromising the trust of the former customer, companies have used mechanisms such as quarantining the former customer`s information. These mechanisms are sometimes referred to as the “Chinese Walls”. The basic principle is, of course, clear; that is, the lawyer-client relationship continues after the completion of the initial instructions. There will be situations where the use of confidential documents obtained during the previous case is detrimental to the interests of the client if they are used directly or indirectly against the client in subsequent proceedings.
But even if there is no possibility of breach of trust, there is an authority to consider that acting against a former client is a violation of the terms of advance with the former client and a violation of professional ethics. There are some exceptions to eligibility. These exceptions (where the lawyer may disclose the confidential information) include: In addition to these legal principles, the duty of confidentiality also creates an ethical obligation and, therefore, a breach of client confidentiality would be grounds for disciplinary action. There are exceptions, for example, where the client consents, or if the lawyer is required by law to disclose, or if the broader public interest requires disclosure.