explain why the lawyer-client relationship is the most fundamental expression of legal ethics

by Yesenia McLaughlin 9 min read

The Fried-Freedman view of legal ethics is that of the lawyer as a facilitator of his client's autonomy within the legal system. Personal autonomy, they believe, is the key to human

Full Answer

What is the relationship between a lawyer and a client?

That is to say, the relationship is one wherein (the client) places her or his trust, reliance, confidence and faith in another (the lawyer), whose advice and/or representation is… In the Westminster Legal system (The legal system In Australia and NSW), the lawyer/client relationship is recognised as a trust-based relationship.

What are the ethical duties of a lawyer?

These ethical duties are a mixture of status and contract emerging out of the nature of the relationship governing the lawyer and client. That is to say that some elements of this relationship are based on the contractual relation that the lawyer is entering with his client to provide his legal service.

Is correspondence between a lawyer and a client confidential?

Confidentiality Documentation, correspondence, and Conversations between you and your lawyer are confidential and can only be disclosed in limited situations. Lawyers must follow strict rules in the keeping of client files. 3. Conflicts of interest

What is the most important aspect of professional life of lawyers?

1 Maharashtra National Law University, Khapri, Nagpur, India. Corresponding author: Anirban Chakraborty, Maharashtra National Law University, Khapri, Nagpur, Maharashtra 441108, India. E-mail: anir_chak@yahoo.com Lawyer–client relationship is the most important aspect of professional life of lawyers.

Why is the lawyer client relationship important?

If a client doesn't trust his or her attorney, it's going to make preparation of a successful defense a lot more difficult. Additionally, an attorney should be available to speak with a client whenever the client has questions. A lot of attorneys are very busy, and sometimes it is difficult to reach your attorney.

Why is it important for lawyers to be ethical?

Importance of Legal Ethics Often, lawyers and other legal professionals are faced with conflicting interests from the clients they are working for and their personal interests. Legal ethics are important in helping the attorney to work through the balance of these interests and work to promote good faith.

What is the most important virtue of a lawyer?

In a virtue ethics framework, a lawyer is honest because she believes that good lawyers must be honest, and she makes decisions according to that virtue (not because she gets a good result for honesty and not because rules require her to be honest).

How is ethics used as a lawyer?

Attorney ethics describe a set of state codes and rules the regulates the conduct of lawyers. These codes ensure lawyers follow the law, pursue justice, and zealously advocate their client's best interests.

What is the fundamental aim of legal ethics?

The fundamental aim of legal ethics is to maintain honor and dignity of the legal profession to ensure the spirit of friendly co-operation, honorable and fair dealing of the counsel with his clients as well as to secure the responsibilities of the lawyers towards the society.

What is relationship between ethics and law?

Laws refer to the set of codified norms which are enforced by the state. They act as external obligations. On the other hand, ethics refer to the set of norms which guide our internal compass and judgements.

What are good virtues of a lawyer?

Below are ten traits that are common to the best lawyers in the United States.Passion for the Job. ... Compassion for Clients. ... Great Communication Skills. ... Willingness to Listen. ... Knowledge of the Law. ... Strong Writing Ability. ... Creativity. ... Good Judgment.More items...•

What is the most important virtue do you think should be exercised and developed by the engineer?

He asserts that a good engineer has virtues including: (1) sensitivity to risk, (2) awareness of the social context of technology, (3) respect for nature, and (4) commitment to the public good. ...

What is the most important virtue do you think should be exercised and developed by the doctor?

We have seen that the virtues identified by respondents as most important to good medical practice are: fairness, honesty, judgement, kindness, leadership and teamwork.

What is the meaning of legal ethics?

legal ethics, principles of conduct that members of the legal profession are expected to observe in their practice. They are an outgrowth of the development of the legal profession itself. legal ethics.

What are the basic duties of a lawyer to his client as provided by legal code of ethics?

Rule 19.01 - A lawyer shall employ only fair and honest means to attain the lawful objectives of his client and shall not present, participate in presenting or threaten to present unfounded criminal charges to obtain an improper advantage in any case or proceeding.

What are the duties of a lawyer to his client?

A lawyer shall employ all appropriate means to protect and advance the client's legitimate rights, claims, and objectives. A lawyer shall not be deterred by a real or imagined fear of judicial disfavor or public unpopularity, nor be influenced by mere self-interest.

Why is it bad to have late meetings with a lawyer?

Even when a client’s interests are not affected in substance, unreasonable delay can cause a client needless anxiety and undermine confidence in the lawyer’s trustworthiness. You can lose the client.

How to build a strong lawyer-client relationship?

Here are a few tips for creating a strong lawyer-client relationship: 1. Be diligent. First and foremost, you have an obligation to be diligent on behalf of your clients. Rule 1.3 in the ABA Model Rules of Professional Conduct states, “ [a] lawyer shall act with reasonable diligence and promptness in representing a client.”.

How to avoid disappointment in a client?

Manage expectations. On top of communicating clearly, you’ve got to ensure your client understands exactly what you can do for them. Managing expectations is key for avoiding disappointment down the road. Don’t make promises you can’t keep, as this can erode your clients’ trust.

Can lawyers face personal risk?

That’s an extreme example, but lawyers can face personal risk to themselves or their property as a result of being diligent to their clients. Whether it’s managing your day-to-day commitments or meeting a larger, more timely obligation, having a strong daily routine will help you keep track of your obligations.

Is balance a matter of self care?

In other words, balance isn’t just a matter of self-care for lawyers —it’s a matter of ethics. It’s no use getting more clients if you can’t provide all of them with appropriate representation. Make sure you’re properly estimating how long tasks will take, and that you’re keeping an eye on your pipeline of new clients.

What is the duty of a solicitor?

A Solicitor’s duty to the Court and the administration of justice is paramount and prevails to the extend of inconsistency with any other duty”. It was said that a lawyer therefore carried both a “benefit” and burden”. The benefit is obvious; the opportunity to pursue a career in the law as a member of the legal profession.

What is the dual role of a legal practitioner?

The dual role of legal practitioners, as officers of the court and, at the same time, as service providers, has evolved and will continue to do so in line with broader changes occurring within and between administrative and commercial institutions, and in line with changing social values.

What is the doctrine of advocate immunity?

The doctrine of advocate’s immunity provides an advocate (whether that be a solicitor or a barrister) with immunity for any claims that may be brought arising out of the advocate’s conduct of litigation.

What is the conflict between duty to the court and the client?

The conflict between the duty to the court and to the client has been described by Mason CJ as the ‘peculiar feature of counsel’s responsibility’. They often require that a legal practitioner act in a variety of ways to the possible disadvantage of his client…the duty to the court is paramount, even if the client gives instruction to the contrary.

What are some examples of solicitors?

Some common examples include: withdrawing from representing a client when the client deliberately misleads the court. not being a witness in a client’s court case. not influencing witnesses. not providing bail for a client.

What is trust based law?

The trust-based concept in the practice of law is enforced in the following pieces of legislation and common law. These laws govern not only the legal profession but also the lawyer/client relationship and the lawyer/court relationship. Legal Profession Uniform Law Application Act 2014. Legal Profession Uniform Law (NSW) 2014 (LPUL).

What are the rules for a lawyer?

Documentation, correspondence, and Conversations between you and your lawyer are confidential and can only be disclosed in limited situations. Lawyers must follow strict rules in the keeping of client files. 3. Conflicts of interest.

What is the BCI rule for accepting a case?

Rule 11 of BCI Rule states that a lawyer is bound to accept a case unless there is a special circumstance which justifies her recusal for accepting a case. The issue that rises is whether a lawyer’s refusal of a case on the ground that he cannot offer competent representation due to lack of his specialized skills or knowledge can be justified as special circumstance. It is a duty of a lawyer to provide competent representation to a client. According to various authorities a competent representation requires legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. 4 A lawyer may not possess the required necessary special training or prior experience to handle legal problems of a particular type with which the lawyer is unfamiliar. To competently manage a case by a lawyer what is required is having strong grip over some fundamental skills, such as the analysis of precedent, the evaluation of evidence and legal drafting. The most fundamental legal skill consists of determining what kind of legal problems a situation may involve, a skill that necessarily transcends any particular specialized knowledge. According to the American Bar Association Model Rules Professional Conduct (2004) in Rule 1.1 a lawyer is permitted to refuse to take a case in an unfamiliar field if the lawyer lacks ‘ thoroughness and preparation reasonably necessary for the representation .’ Further to resolve this ethical dilemma of lawyers the BCI is negotiating a new code of ethics 5 suitable to contemporary era, states in its Rule 4 that ‘ An Advocate may decline a specialist brief if he/she considers himself not competent to accept the brief .’

What is the relationship between a lawyer and a client?

Lawyer–client relationship is the most important aspect of professional life of lawyers. When lawyers enter into professional relation with their clients they become bound by several ethical and professional duties. These duties are a mixture of status and contract emerging out of the nature of the relationship governing lawyer and client. Observing these duties is indispensable under the rules governing standards of professional conduct for lawyers. Lot has been written about these duties and the need to observe them, but the untraded area in the literature remains some of the challenges that arise in course of observing these duties due to some equally competing issues. The lawyers often face these challenges in their professional life, but little guidance is available to address them effectively. In this context, the aim of this article is to trace some of these competing issues and challenges and discuss the legal and regulatory framework that help to address them. The article begins by exploring the issues that arise at the very formation of the lawyer–client relationship. In the second part, the article examines the issue of lawyer’s scope and authority to make decisions in legal transactions for their clients. Also it covers the issues involving extent of lawyer’s authority to take decisions on behalf of mentally impaired or minor clients. Finally, the article looks into the issues that come up during the discharge of the lawyer–client relationship. The article concludes on the note that to ensure an effective and satisfactory lawyer–client relation it is an imperative that lawyers are sensitized with these issues and the principles they can look at for their resolution.

What is the manner by which a lawyer–client relationship will be established?

This is generally the manner by which a lawyer–client relation will be established. There is no other requirement to be fulfilled by the advocate. So an oral agreement concluded between a lawyer and client for providing legal service in lieu of an agreed fee can establish a lawyer–client relation.

What is a lawyer-client relationship?

A lawyer–client relationship may be established when a client approaches a lawyer for some legal advice or service and the lawyer accepts to provide the same . But when a lawyer enters into a relation with his client to provide his legal service, ...

What is a special circumstance in BCI?

According to Rule 11 of BCI Rules in a special circumstance a lawyer has discretion to not take a case. But what amounts to a special circumstance is not defined in the rules. In circumstances where a lawyer in India can decline to accept a case is an issue that remains open to interpretation.

What is ethical duty?

These ethical duties are a mixture of status and contract emerging out of the nature of the relationship governing the lawyer and client. That is to say that some elements of this relationship are based on the contractual relation that the lawyer is entering with his client to provide his legal service.

Why do lawyers have limited authority?

lawyers as agents have limited authority to settle clients cases because of the implied authority vested by his appointment as a counsel. But the court also states that ‘it will be prudent for counsel not to act on implied authority except when warranted by the exigency of circumstances demand’.

Introduction

Rule 501Of The Federal Rule of Evidence

  • Rule 501of the Federal Rule of Evidence delineates that privilege “should be understood as reflecting the view that the recognition of a privilege based on a confidential relationship should be determined on a case-by-case basis.” (Jaffee, 1996, II). The judicial system in the United States has long validated attorney-client privileges. This is to ...
See more on ivypanda.com

Application of This Norm

  • Applying this rule to this case, it could be seen that since the disclosure occurred after the murder was committed; it becomes privileged information and cannot be disclosed by the attorney to anybody without consent from the client. If the attorney, in this case, violates this principle, not only would the attorney–client relations be terminated, but the attorney would also stand suscep…
See more on ivypanda.com

Fivefold Test in United States v. United Shoe Machinery Corp. Case

  • In the case of United States v. United Shoe Machinery Corp., 89 F. Supp. 357 (D. Mass. 1950), the aspect of attorney-client privilege was subjected to a Five-Fold Test. In this case, the following determinants emanated that need to bulwark an attorney-client nexus claiming privileged information. The test lays down the following principles that need to be kept in mind to claim pri…
See more on ivypanda.com

Consequences of Disclosure of Privileged Information

  • A lot would depend upon the circumstances surrounding the case. In this case, it could be inferred that the attorney would exceed his authority if he disclosed client information regarding the previous murder, especially since it is a past matter and the client is not in any way suggesting the lawyer be an accessory or aide in a future plot to murder somebody. Thus, under such circumsta…
See more on ivypanda.com

Conclusions

  • Upon application of the rules that emanate concerning disclosure of attorney-client privileges, it could be concluded that a lot of critical aspects would depend upon the surroundings of the case, the perspectives put forth by the defense and prosecution lawyers, and the ultimate view taken by the jury after hearing both sides of the arguments. However, the courts need to consider that cer…
See more on ivypanda.com

Reference List

  • Attorney-client privilege. (2009). The Free Dictionary. Web. Bohlman, H M., & Dundas, MJ. (2004). The Legal, ethical, and international environment of business, 5thedition. Tsinghua University Press, 89. Jaffee, C., et. al. (1996). Supreme Court of the United States. Electronic Privacy Information Center. Web. LII/Legal information institute: Privilege: Overview. (n.d). Cornel Univer…
See more on ivypanda.com