Onda Digital Tv [8] The lawyer`s functions as a representative of clients, as an official of the legal system and as a citizen under public law are generally harmonious. Thus, if a counterparty is well represented, a lawyer may be a zealous lawyer on behalf of a client while assuming that justice will be served. Thus, a lawyer can also be sure that maintaining client trust generally serves 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. [19] Failure to comply with an obligation or prohibition imposed by a rule constitutes grounds for initiating disciplinary proceedings. The Rules of Procedure require that disciplinary assessment of a lawyer`s conduct be made on the basis of the facts and circumstances as they existed at the time of the conduct in question and taking into account that a lawyer is often required to act on the basis of uncertain or incomplete evidence of the situation. In addition, procedural rules require that the discipline of an offence and the severity of a sanction depend on all the circumstances, such as the intent and gravity of the violation, mitigating factors and whether or not there have been previous violations. A lawyer is a representative of clients, an official of the judicial system and a citizen of the public service who has a special responsibility for the quality of justice. As guardians of the law, lawyers play a crucial role in preserving society. To fulfill this role, lawyers must understand their relationship with our legal system and how it works. A constant obligation of lawyers is to uphold the highest standards of ethical conduct. [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. [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. [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. [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. [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.
