[8] Advocacy is a group of people united in a learned appeal to the common good. At best, lawyers ensure the availability of legal services for all, regardless of their ability to pay, and as leaders of their communities, states and nations, lawyers use their training and experience to improve society. It is the fundamental responsibility of every lawyer to provide community, community management and legal services in the public interest without fees or at a significantly reduced rate in areas such as poverty law, civil rights, public law, non-profit advocacy and the administration of justice. [14] [15] The Rules of Procedure presuppose a broader legal context that shapes the role of counsel. This context includes court rules and laws relating to admission matters, laws establishing specific duties of lawyers, and substantive and procedural law in general. Comments are sometimes used to alert lawyers to their responsibilities under such another law. [9] [10] The legal profession is largely autonomous. While autonomous powers have also been granted to other professions, the legal profession is unique in this regard because of the close relationship between the profession and government and law enforcement processes. This link is manifested in the fact that the ultimate authority over the legal profession is largely transferred to the courts.
In this video, designed to guide collective recitations of the preamble to the U.S. Constitution, the words are supported by images and background music that give it emotional impact as they describe the aspirations that “We the people” have for our government and our way of life as a nation. [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. [8] [9] However, in the nature of the practice of law, conflicting responsibilities collide. Virtually all difficult ethical issues arise from a conflict between a lawyer`s responsibility to clients, the legal system, and his or her own interest in remaining an honest and 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.
[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 intermediary between clients, the lawyer tries to reconcile their divergent interests as an advisor and, to some extent, as the spokesperson for each client. A As an evaluator, a lawyer acts as an appraiser by reviewing a client`s legal affairs and reporting them to the client or others. [7] A lawyer should provide legal services in the public interest and demonstrate civic leadership. A lawyer may discharge this responsibility by providing professional services free of charge or for a reduced fee to persons with limited resources or to public or not-for-profit groups or organizations, by carrying out activities aimed at improving the law, society, legal system or advocacy, and by providing financial support to organizations that provide legal services to persons with resources. Limited. [4] [5] A lawyer`s conduct should comply with legal requirements, both in professional service to clients and in the lawyer`s business and personal affairs. 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 a lawyer`s duty to question the integrity of the official action when necessary, it is also a lawyer`s duty to uphold the judicial process. [1] A lawyer, as a member of the legal profession, is a representative of clients, an official of the legal system and a public citizen who has a special responsibility for the quality of justice. [13] [14] Rules of ethics are rules of reason. They must be interpreted in terms of the purposes of legal representation and the law itself. Some of the rules are imperatives set out in the terms “shall” or “shall not”. These define correct behaviour for the purposes of professional discipline. Others, which are generally captured in the term “may,” are permissive and define areas according to the rules within which the lawyer has the professional discretion to exercise his or her professional judgment. No disciplinary action should be taken if the lawyer decides not to act or acts within this discretion. Other rules define the nature of the relationship between the lawyer and others.
The Rules of Procedure are therefore partly binding and disciplinary and partly constitutive and descriptive, since they define the professional role of the lawyer. Many of the comments use the word “should.” The comments do not add obligations to the rules, but provide guidelines for exercising according to the rules. [9] The fundamental responsibility for providing legal services to insolvent persons ultimately rests with the individual lawyer. Personal commitment to the problems of disadvantaged people can be one of the most rewarding experiences of a lawyer`s life. Every lawyer, regardless of professional importance or workload, should find time to engage in providing legal services to disadvantaged people or otherwise support them. Providing free legal services to those who are unable to pay reasonable fees remains an obligation of individual lawyers as well as the profession in general, but the efforts of individual lawyers are often insufficient to meet the needs. As a result, the profession and government have put in place additional programs to provide legal services. As a result, legal aid offices, lawyer placement services and other related programs have been developed, and programs are being developed by the profession and government.