Advocate Practice Rules

[9] However, in the nature of legal practice, conflicting responsibilities arise. Virtually all difficult ethical issues arise from the conflict between a lawyer`s responsibility to his or her clients, the legal system, and the lawyer`s interest in remaining an ethical person while earning a satisfying life. The rules of professional conduct often prescribe conditions for the resolution of such conflicts. However, within the framework of these rules, many difficult questions of professional discretion may arise. These issues must be resolved through the exercise of sound professional and moral judgment guided by the basic principles underlying the rules. These principles include the lawyer`s obligation to protect and pursue a client`s legitimate interests within the framework of the law, while maintaining a professional, courteous and civil attitude towards all persons involved in the legal system. [2] As a client representative, a lawyer performs various functions. As a consultant, a lawyer provides a client with a good understanding of the client`s 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 opposite system. As a negotiator, a lawyer strives to achieve a result that is beneficial to the client, but that meets the requirements of an honest relationship with others. As an appraiser, a lawyer acts by investigating a client`s legal affairs and reporting to the client or others. The relationship between lawyer and client is that of master and servant in a limited and dignified sense, and it involves the highest level of trust and trust. It cannot be delegated without consent, and it cannot exist between a lawyer hired by a company to practice for it and a client of the Company, as it would be subject to the instructions of the Company and not to the instructions of the Client.

[16] As with any legislation in an open society, compliance with the rules depends primarily on voluntary understanding and respect, secondarily on the empowerment of peers and public opinion and, finally, if necessary, on law enforcement through disciplinary proceedings. However, the rules do not exhaust the moral and ethical considerations that should inform a lawyer, because no rewarding human activity can be entirely defined by legal rules. The rules only provide a framework for the ethical practice of law. [The exercise of the right] is not a lawful activity, except for members of the Bar Association who have fulfilled all the conditions required by law and the courts. Since those conditions cannot be fulfilled by a company, it follows that the exercise of the right is not a legal transaction for a company. [11] To the extent that lawyers comply with the obligations of their professional profession, the need for government regulation is avoided. Self-regulation also helps to preserve the independence of the legal profession from government rule. An independent legal profession is an important force in keeping the government before the law, as the abuse of legal authority is more easily challenged by a profession whose members do not depend on the government to exercise the law. [15] The Rules of Procedure presuppose a broader legal context that characterizes the role of counsel. This context includes court regulations and laws relating to licensing matters, laws defining the specific obligations of lawyers, and substantive and procedural law in general.

Comments are sometimes used to educate lawyers about their responsibilities under this other law. [14] The rules of ethics are rules of reason. They must be interpreted in the light of the objectives of the legal representation and the law itself. Some of the rules are imperatives set out in the words „should“ or „shall not“. These define good behaviour for the purposes of professional discipline. Others that are generally included in the term „may“ are permissive and define areas according to the rules in which the lawyer may exercise professional judgment in his or her sole discretion. No disciplinary action should be taken if the lawyer decides not to act or to act within this discretion. Other rules define the nature of the relationship between the lawyer and others. The rules of procedure are therefore partly mandatory and disciplinary and partly constitutive and descriptive, since they define the professional role of a lawyer.

Many of the comments use the word „should.“ The comments do not add obligations to the rules, but provide guidelines for the exercise of the rules in accordance with the rules. [8] The responsibilities of a lawyer as a representative of clients, as an official of the legal system and as a citizen of public life are generally harmonious. Thus, if a counterparty is well represented, a lawyer can be a passionate lawyer on behalf of a client while assuming that justice will be done. Thus, a lawyer can also be sure that maintaining clients` trust is generally in the public interest, as people are more likely to seek legal advice and thus comply with their legal obligations if they know their communications will be private. Regardless of the law, it is contrary to public order for a company to exercise the law directly or indirectly. UPL Opinion 60 (1985). [3] In addition to these representative functions, a lawyer may act as a neutral and non-representative third party to assist the parties in resolving a dispute or other matter. Some of these rules apply directly to lawyers who are or have acted as neutral third parties. See, for example, Rules 1.12 and 2.4. In addition, there are rules that apply to lawyers who are not active in the practice of the 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 because he engages in conduct that involves dishonesty, fraud, deception or misrepresentation. See Article 8.4.

[5] The conduct of a lawyer must comply with legal requirements, both in the professional care of clients and in the commercial and personal affairs of the lawyer. A lawyer should only use the procedures of the law for legitimate purposes and not to harass or intimidate others. A lawyer must show respect for the legal system and for those who serve it, including judges, other lawyers and public servants. While it is the duty of a lawyer, if necessary, to challenge the integrity of the official act, it is also the duty of a lawyer to maintain the judicial process. [6] As a public citizen, a lawyer should seek 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 use for clients, use that knowledge in law 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, given that legal institutions in a constitutional democracy depend on the participation and support of the population to maintain their authority. A lawyer must be aware of the shortcomings of the administration of justice and the fact that the poor, and sometimes people who are not poor, cannot afford adequate legal assistance. Therefore, all lawyers should devote professional time and resources and use the influence of civil society to ensure equal access to our legal system for all those who cannot afford or obtain adequate legal assistance due to economic or social barriers. A lawyer should help the legal profession pursue these objectives and help the bar association to regulate itself in the public interest. Rule 7.1 Communication relating to the services of a lawyer Rule 7.2 Communications on the services of a lawyer: Special Rules Rule 7.3 Acquisition of clients Rule 7.4 (deleted) Rule 7.5 (deleted) Rule 7.6 Political contributions to the acquisition of legal obligations or appointments by judges 2020 by the American ©Bar Association. All rights reserved.

[17] In addition, for the purposes of establishing counsel`s authority and liability, substantive law principles outside of these rules determine whether there is a client-lawyer relationship. Most obligations arising from the client-lawyer relationship arise only after the client has appointed 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 Article 1.18. Whether a client-lawyer relationship exists for a specific purpose may depend on the circumstances and be a question of fact. Rules Referral Table („1992“ Rules on Current Rules, Current Rules on Rules „1992“) Rule 3.1 Claims and Meritorious Disputes Rule 3.2 Acceleration of Litigation Rule 3.3 Commencement in Court Rule 3.4 Fairness to the Opposing Party and Defence Counsel Rule 3.5 Impartiality and Decency of the Court Rule 3.6 Publication Rule 3.7 Counsel as a Witness Rule 3.8 Special Responsibilities of a Prosecutor Rule 3.9 Counsel in Non-Trial Proceedings Judicial [19] Failure to comply with an obligation or prohibition imposed by a rule is a basis for invoking disciplinary proceedings. The Rules of Procedure require that the disciplinary assessment of a lawyer`s conduct be based on the facts and circumstances that existed at the time of the conduct in question and in recognition of the fact that a lawyer often has to act on the basis of uncertain or incomplete evidence of the situation. In addition, the rules presuppose that whether or not to impose disciplinary measures for an offence and the severity of a sanction depend on all the circumstances, such as the intent and gravity of the offence, mitigating factors and the existence of previous offences.

Dieser Eintrag wurde veröffentlicht am Allgemein. Setzte ein Lesezeichen permalink.