One of the most important subjects of law is Ethical Legal Practice and Client Care. A term used to describe a code of conduct which governs professional behavior in proper sense establishing the nature of obligation owing to both individual and society is termed as legal ethics.
In this article we would be discussing the different aspects of this subject.
The Importance Of Ethics In The Legal System
Ethical responsibilities can be applied in a number of ways in the legal system. This is commonly divided into two categories-
i. Duty and responsibilities towards the client and
ii. Duty and responsibilities towards the court. A breach in this may lead a person or company through civil proceedings.
According to the legal profession act the main objective and duty of the society is to protect the public interest from the legal administration. By taking the following measures-
- The rights and freedom of the public is protected and preserved.
- It is ensured that the independence, integrity, honor and competence of the lawyers would not be compromised.
- Standards and programs are established towards the education and professional responsibly of the lawyers.
- Regulate the law practice.
- Support and assist advocates and provision including lawyers of another jurisdiction.
The law society of Singapore practice direction is a little different from other countries. In Singapore each lawyer who is admitted to the Singapore Bar can act as both the advocate and the solicitor and has the right of audience in any court of justice in Singapore.
The ethical legal practice and client course teaches the ethical principals that the advocates and solicitors’ practice in their daily lives.
According to online assignment help experts subject covers the responsibilities of the lawyers towards the court, towards their client and towards their profession. It throws light on the professional etiquettes and manners and also on the relationship of the lawyer and client.
The important segments covered in this course are-
- Ethical introduction for lawyers.
- Where does the advocate and the solicitor stand in the administration of justice?
- Responsibility of the lawyer towards the court.
- The specifics of the lawyer’s responsibilities towards the court that goes beyond the ordinary scope of practice.
- Relationship between the client and the lawyer.
- Conflicts of interests arising from practicing the law honestly and maintain confidentiality.
- The basic principles of a law practice.
Duty And Responsibilities Towards The Client
- The fees that is charged by a lawyer from his client should be reasonable and fixed, and not be based on the success of the case.
- A lawyer should not hurt the interests of the client in any manner. He must not let his personal opinion come in between regarding the guilt of the client. He should not abuse or take any advantage of the confidence that has been portrayed by the client in him.
- The lawyer should not draw any conclusions. He should not meet the opposite party with any malign intentions of conspiring against the client.
- He is not supposed to give any negative advice that could have an impact on the client.
- No gifts, favors, or fees from the opposite party should be encouraged or accepted by the lawyer.
- Every information and document provided to the lawyer by the client whether verbal or written should be kept confidential with the lawyer and should not be shown to the opposite party at any cost.
- The lawyer is not supposed to be in any way involved with the disputed property of the client which is involved in the case.
- The behavior of the lawyer towards the client should be polite and warm at all times.
- Other responsibilities include- avoiding using undue advantage over the client,false and forged documents should not be presented and the lawyer is supposed to act only according to the instructions given by the client.
- The lawyer is supposed to lend money to the clients for any kind of legal action where he is involved directly.
Duty And Responsibilities Towards The Court
- The lawyer should respect himself and present himself with dignity at the time of court proceedings.
- He should show respect in his attitude towards the court and the judicial system.
- He should not influence the decision of the court by any means
- He should stop his client from being involved in any kind of unfair practices towards the court. In case the client does not listen and continues to attach himself the lawyer should restrain himself from taking up the client’s case.
- The lawyer should adhere to prescribed dress code by the court.
- He should not mis-lead the court and should be tactful while presenting the case to the court.
- The lawyer should not be pleading where he has a self-interest involved.
- The lawyer is not supposed to criticize the judicial system with malign intentions.
As per assignment writer, apart from the duties and responsibilities there are also some ethical responsibilities of the lawyer towards himself and his legal profession-
- The law procedures should be used by the lawyer only for a legitimate purpose. He should not use his expertise to harass or intimidate anybody.
- Whether it’s a professional client service, business affair or client affair, a lawyer’s code of conduct should be as per the requirements of law only.
- In case of necessity he should be able to challenge the rectitude of official action and uphold legal proceedings.
- As a public citizen a lawyer should seek improvement in the legal system and educate and render knowledge beyond its use to clients.
- They should devote professional time and civic influence for poor people or people who are not able to afford legal assistance. They should also help the bar to regulate themselves in public interest.
To conclude we can thus say that the various responsibilities that an advocate or lawyer exhibits towards the client, towards the court and towards himself together constitute the main aspects of ethical legal practice and client care. This is a very important subject of law which is taught in the form of a separate course in Singapore and other countries. This mainly highlights the duties of an advocate towards himself and the legal system.