Why Is Ethical Conduct Important for Legal Practitioners

The sad truth is becoming clearer and clearer; Our profession has experienced steady decline, setting aside the established traditions and canons of professional ethics that have developed over the centuries. When we talk about the decline of “ethical” norms, we should not use the term “ethics” solely for the observance of the Ten Commandments or other standards of general and fundamental morality. A lawyer may [meet all of these requirements] and not meet the standards of a true profession, standards that require courageous advocacy within established service canons. [18] Under various legal provisions, including constitutional, law and customary law, the responsibilities of prosecutors may include authority in legal matters normally vested in the client`s private client and lawyer relationship. For example, a lawyer from a government agency may be empowered on behalf of the government to decide on a regulation or to appeal an adverse judgment. These powers in various respects generally belong to the Attorney General and the Attorney of the state government and their federal counterparts, and the same may be true for other public servants. In addition, lawyers under the supervision of these officials may have the power to represent multiple government agencies in domestic legal controversies if a private lawyer cannot represent multiple retail clients. These rules do not invalidate such a power. This is not satisfactory. The public must be able to have confidence in the legal profession and the administration of justice. To this end, it is desirable that clearly formulated codes of conduct be introduced – not only to make the profession aware of its ethical obligations, but also because it is in the public interest to do so. In the current context, it would be extremely difficult and highly unlikely that a lawyer who abuses his or her position of trust or breaches his or her ethical obligations to his or her client would be subject to disciplinary action. In most cases, the client will not know that what happened is a violation of professional ethics.

In other cases, in the absence of clear rules or guidelines, unless the wrongdoing is blatant and obvious, it will go unnoticed and go unpunished. Codes of professional ethics are one of the most important characteristics of a profession. Conflicts of interest have given rise to a number of legal and disciplinary measures. This is an area that is often identified by lawyers as a problem in legal practice. Conflicts of interest are not so easy to resolve because some interests require the lawyer not to act for the person, while other conflicts may allow the lawyer to act for both parties. It is said that the most valuable asset of a profession is its collective reputation and the confidence it inspires. The legal profession, in particular, must have the trust of the community, and young professionals are the future roots of success. This is where legal ethics come into play. A commitment to legal ethics involves the obligation to introduce codes of ethics or standards of professional practice. The standards reflected in the General Principles of Professional Conduct of the International Bar Association are an example of this. However, not all jurisdictions have professional codes and do not pay sufficient attention to their application. In all cases, the lawyer acting in accordance with a professional code can still engage in unethical practices.

So why is ethics important to the practice of law? A lawyer should refuse to represent clients or parties who insist on using unfair means, or scandalously damage the reputation of the parties for unethical and false reasons during the proceedings. In today`s global economy, it is extremely important for young lawyers to learn basic professional values that, therefore, act with integrity, provide appropriate support to the Court, and foster public confidence in the legal system, which ultimately contributes to ethical work and respect for human rights. Professional ethics is a moral duty, a fundamental courtesy that everyone should follow, regardless of profession. Not only do they elevate the character of an individual, but they also play a crucial role in preserving the dignity and honor of a profession. Therefore, it is important to understand that our actions affect not only us, but also the people around us, so it is important that our actions are ethically and morally honest to ensure the integrity of our profession. [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. [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. The challenge for young professionals entering the legal profession is to resolve the fundamental paradoxes they face and reorganize so that ordinary citizens have more effective, real and affordable access to legal advice and representation. A lawyer is an official of the court and an important part of the judicial system. Therefore, if he does so, he must behave in a manner appropriate to his profession. The legal profession is one of the noblest professions in the world. Therefore, it gives practicing lawyers the inherent responsibility to be ethical in their actions. But what is ethics? The duties and obligations also extend to legal educators responsible for providing the public with legal training without discrimination, paralegals and private investigators. The legal profession also has codes of conduct that govern it and its practitioners.

In addition, a code of conduct would help preserve the dignity of the profession while keeping the profession rooted. Of particular concern in this area is the formulation of allegations without providing an adequate factual or legal basis on which to base them. In White Industries v Flower and Hart [1998] 806 FCA, the respondent firm was advised by Queen`s Counsel who confirmed that the defendant`s legal position was weak but that there was a way to temporarily improve the defendant`s bargaining position, namely to initiate proceedings under the Business Practices Act for fraudulent conduct and fraud. In a scathing critique of the law firm (Flower and Hart), the Full Federal Court found that they had breached their duty to the court by initiating proceedings without proper merit and making an allegation of fraud that was unfounded. The court also criticized the way the registry had conducted the proceedings and the obstruction and delay behaviour that exacerbated the abuse of the procedure. There was little comment on the Queen`s Counsel`s advice, but the court noted that a lawyer was required to make an independent assessment of whether a proceeding should be initiated, not just to follow a lawyer`s advice on the matter.