[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. The Model Rules of Professional Conduct (MRPC) are a set of legal ethics rules created in 1983 by the American Bar Association (ABA) in place of the 1969 Code of Professional Responsibility. The MRPC consists of the following sections: client-lawyer relationship, consultant, lawyer, transactions with persons other than clients, law firms and associations, public service, information on legal services and maintenance of the integrity of the profession. The MRPC provides both mandates and advice in discretionary situations on issues such as conflicts of interest, lawyers` competence obligations, diligence, confidentiality and loyalty, conduct to the courts, attorneys` fees and solicitation, and more. [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.
[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. [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. [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. [11] To the extent that lawyers respect the obligations of their professional vocation, there is no need for state regulation. 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. [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. (5) substantiate a claim or defence on behalf of the lawyer in a controversy between the lawyer and the client, support a defence against a criminal complaint or civil action against the lawyer on the basis of the conduct in which the client was involved, or respond to allegations in proceedings concerning the representation of the client by the lawyer; (1) A foreign lawyer shall be a respected member of a recognized legal profession in a foreign jurisdiction, whose members are admitted as lawyers or legal advisers or equivalent and are subject to effective regulation and discipline by a duly constituted professional organization or authority; or [19] Failure to comply with an obligation or prohibition imposed by a rule is a ground 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. [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. (1) the advocate orders the conduct in question or confirms it knowingly; or Rule 8.1 Admission to the Bar and Disciplinary Matters Rule 8.2 Rule 8.3 Reporting of Professional Misconduct Rule 8.4 Misconduct Rule 8.5 Disciplinary Authority; The ABA Model Rules of Ethics were adopted by the ABA House of Delegates in 1983. They serve as a model for the ethical rules of most jurisdictions.
