[2] As a client representative, the lawyer performs a variety of functions. As a consultant, a lawyer provides the client with a good understanding of their legal rights and obligations and explains their practical implications. As a lawyer, a lawyer eagerly asserts the client`s position according to the rules of the opposing system. As a negotiator, a lawyer strives to achieve an outcome that is beneficial to the client, but that meets the requirements of an honest relationship with others. As an evaluator, a lawyer acts by investigating a client`s legal affairs and reporting them to the client or others. [11] To the extent that lawyers fulfil the obligations of their professional profession, the possibility of state regulation is avoided. Self-regulation also helps to preserve the independence of the legal profession from state domination. An independent legal profession is an important force in maintaining government under the law, as abuse of legal power is more easily challenged by a profession whose members do not depend on the government to exercise the right to practice. [13] Lawyers play a crucial role in preserving society. To fulfill this role, lawyers must understand their relationship to our legal system. Rules of ethics, when properly applied, serve to define this relationship.
[16] Compliance with the rules, like any law in an open society, depends first and foremost on understanding and voluntary compliance, secondly on strengthening peer and public opinion, and finally, if necessary, enforcement through disciplinary procedures. However, the rules do not exhaust the moral and ethical considerations that should guide a lawyer, as no rewarding human activity can be fully defined by legal rules. The rules only provide a framework for ethical legal practice. [20] A breach of a rule should not, in and of itself, give rise to a cause of action against a lawyer, nor in such a case give rise to a presumption of breach of a legal duty. In addition, the violation of a rule does not necessarily justify another non-disciplinary remedy, such as the challenge of a lawyer in an ongoing dispute. These rules are intended to provide guidance to lawyers and to provide a structure for regulating the conduct of disciplinary authorities. They are not intended as a basis for civil liability. Moreover, the purpose of the rules may be undermined if they are invoked by opposing parties as procedural weapons. The fact that a rule provides a fair basis for a lawyer`s self-assessment or for sanctioning a lawyer under the administration of a disciplinary authority does not mean that an antagonist in a ancillary proceeding or settlement has the power to request enforcement of the rule. However, because the rules set standards of conduct for lawyers, a lawyer`s violation of a rule may constitute evidence of a breach of the applicable standard of conduct. [3] In addition to these representational functions, a lawyer may act as a neutral third party, a non-representative role that assists the parties in resolving a dispute or other matter.
Some of these rules apply directly to lawyers who act or have acted as independent third parties. See for example: B. Rules 1.12 and 2.4. In addition, there are rules that apply to lawyers who do not practise law or to practising lawyers, even if they are acting in a non-professional capacity. For example, a lawyer who commits fraud in the management of a business is subject to disciplinary action if he engages in conduct that involves dishonesty, fraud, deception or misrepresentation. See Rule 8.4. [7] Many of a lawyer`s professional responsibilities are governed by the Code of Professional Conduct and substantive and procedural law. However, a lawyer is also guided by the personal conscience and approval of professional colleagues. A lawyer should strive to achieve the highest level of competence, to enhance the law and the legal profession, and to exemplify the ideals of the public service of the legal profession. [1] A lawyer, as a member of the legal profession, is a representative of clients, an official of the legal system and a citizen of public life who has a special responsibility for the quality of justice. [18] Under various legal provisions, including constitutional, law and customary law, the responsibilities of prosecutors may include authority in legal matters normally vested in the client`s private client and lawyer relationship. For example, a lawyer from a government agency may be empowered on behalf of the government to decide on a regulation or to appeal an adverse judgment.
These powers in various respects generally belong to the Attorney General and the Attorney of the state government and their federal counterparts, and the same may be true for other public servants. In addition, lawyers under the supervision of these officials may have the power to represent multiple government agencies in domestic legal controversies if a private lawyer cannot represent multiple retail clients. These rules do not invalidate such a power. [6] As a citizen of public life, the lawyer should strive to improve the law, access to the legal system, the administration of justice and the quality of services provided by the legal profession. As a member of a scholarly profession, a lawyer should cultivate knowledge of the law beyond its benefits to clients, use that knowledge in legal reform, and work to strengthen legal education. In addition, a lawyer should promote public understanding and trust in the rule of law and the judicial system, as legal institutions in a constitutional democracy rely on popular participation and support to maintain their authority. A lawyer must be aware of the shortcomings of the administration of justice and of the fact that the poor, and sometimes the non-poor, cannot afford adequate legal aid. Therefore, all lawyers should dedicate professional time and resources and use the influence of citizenship to ensure equal access to our legal system for all those who cannot afford or obtain adequate legal aid due to economic or social barriers. A lawyer should support the legal profession in pursuing these objectives and assist the Bar Association in regulating itself in the public interest.
[9] However, in the nature of legal practice, conflicting responsibilities collide. Virtually all difficult ethical issues arise from a conflict between a lawyer`s responsibility to his or her clients, the legal system, and his or her own interest in remaining an ethical person while earning a satisfying life. Rules of ethics often prescribe the conditions for resolving these conflicts. Within these rules, however, many difficult questions of professional discretion may arise. These issues must be resolved by sensitive professional and moral judgment, guided by the fundamental principles of the Regulation. These principles include the lawyer`s duty to protect and pursue a client`s legitimate interests within the law, while maintaining a professional, courteous and civil attitude towards all persons involved in the legal system. [17] In addition, for the purposes of establishing the lawyer`s authority and liability, the principles of substantive law outside these Rules determine whether a client-lawyer relationship exists. Most obligations arising from the client-lawyer relationship arise only after the client has asked the lawyer to provide legal services and the lawyer has agreed to do so. However, certain obligations, such as confidentiality under rule 1.6, are attached if the lawyer agrees to consider whether a client-lawyer relationship should be established. See Rule 1.18. Whether a client-lawyer relationship exists for a specific purpose may depend on the circumstances and be a question of fact.
[4] In all professional functions, a lawyer must be competent, prompt and conscientious. A lawyer should maintain communication with a client about representation. A lawyer must keep information about a client`s representation confidential, unless disclosure is required or permitted by professional ethics or other laws.