Since 15th century, barristers have been split up into two professions in United Kingdom, Barristers and Barristers. Barristers have traditionally been the people who research cases, deal with clients directly, and Barristers have had the rights of advocate in courts. Hence, Barristers' ethical duties are very important to the court and the client, and this is an essay to discuss the duties to the court, clients and conflicts in between. The barristers are barristers who have been admitted to "plead at the bar." Meaning that they have been called to the bar and completed a year pupillage in a chamber, where the trainee benefits from association and attendance at court with an experienced barrister, also it allowed to appear in court to argue …show more content…
The logical way to solve an ethical dilemma is to analyse it in terms of the various duties. A good rule of thumb is that if the barrister cannot carry out one duty without breaching another then their proposed course of action cannot properly be …show more content…
A conflict of interest may be described also as a conflict of duties or a conflict between interests or as a conflict between interest and duty. To act when they have a conflict of interest involves breaching their fiduciary duty to their client or former client. This is the basis of the conflict of interest problem and is stressed in many of the cases dealing with conflict of interest. There are four element of the fiduciary duty, duty of confidentiality, duty not to put their own or other people’s interests before their own client, duty not to misuse client’s money, and competent standard of
Criticisms of lawyers are the topic in Richard A. Wasserstrom's article "Lawyers as Professionals: Some Moral Issues." Wasserstrom broke this topic into two main areas of discussion. The first suggests that lawyers operate with essentially no regard for any negative impact of their efforts on the world at large. Analysis of the relationship that exists between the lawyer and their client was the second topic of discussion. "Here the charge is that it is the lawyer-client relationship which is morally objectionable because it is a relationship which the lawyer dominates and in which the lawyer typically, and perhaps inevitably, treats the client in both an impersonal and a paternalistic fashion."
An ethical dilemma is defined as a moral issue, where a situation has two equivalent undesirable alternatives and neither choice will resolve the ethical predicament.
In short, to make an ethical decision it appears that a professional is should consider a mixed methodology process to ethical reasoning. A process that first looks at reasonable and logical thinking, to determine what is best for the client, but also including a resolution process that recognized the reality that conflicts are expected and must be addressed in terms of what is right, legal and in the best interest of the client.
Paralegals are continuing to assume new responsibilities in legal offices and perform many of the same duties as attorneys. Through formal education, training and experience, paralegals have knowledge and expertise regarding the legal system and law procedures, which qualify them to work under the supervision of an attorney. Along with preparing legal documents, contracts and other legal materials, a paralegal can also interview witnesses, and conducting legal research. The most important task a paralegal may have is helping an attorney prepare for hearings, trials, and meetings. Although a paralegal is trained to perform the same tasks as attorneys, they are explicitly prohibited from carrying out duties considered to be within the scope of the practice of law, such as setting legal fees, giving legal advice, submitting signed documents to court, and presenting cases in court. Paralegals are an essential part of today’s legal practice; furthermore, a competent paralegal can improve a law office’s profitability and the delivery of legal services. With these new responsibilities comes a higher level of demand and respect. In turn...
Imagine a tall slim man dressed in a very respectable iron pressed suit, with a tie that’s perfect length and fits nicely with the colors of his blazer. To go along with his suit, he carries a very affluent briefcase with a matching belt and shoes. This is the typical perception from students of someone that works in the legal profession, including the consumption of time spent on only work along with having a very stern look. However, a look at how it’s shown in the film To Kill a Mockingbird, it shows that things like standing for justice, having integrity, and being family-oriented plays a huge role in the lives of lawyers.
Lawyers. In today's culture, just the word alone is enough to inspire countless jokes and endless sarcastic comments. Far from being the most loved profession, lawyers have attained a very bad image despite the importance of their work and the prestige and wealth that usually accompanies it. Were lawyers seen in this fashion when Charles Dickens was writing his magnificent pieces of literature? The image of lawyers of that time may not seem so different to the people who are about to enter the twenty-first century.
In conclusion as we strive to stay current in this rapid changing and demanding legal field, we need to maintain focus on what is at stake here, the quality of service we demand from lawyers and their agents. Clients deserve to be assisted by the people who know their profession and so, we must be in favor of the legislative movement of the control of the paralegal profession.
An ethical dilemma occurs when there is a conflict of values, principles, or moral imperatives within a situation. In the
14). Ethical dilemmas arise in peoples jobs all the time and you can never plan for when one will happen. However, by going through ethical training and learning more about ethics, it may help you whenever an ethical dilemma arises. While ethical issues are, according to Pollock (2012), “topics for which one might have an opinion but rarely a chance to take a stand that has much impact” (p. 14). Paralegals also have their limitations on what they’re allowed to do and what they’re allowed to say. We’re here to talk about things paralegals can’t legally do and what happens when an ethical dilemma arises in the workplace. First off, paralegals cannot set legal fees, undertake representation, they cannot give legal advice, and they cannot represent a client in court, but besides that the paralegals can assist with all the things that the attorney does (Canaday, n.d., p. 1). Paralegals can’t do these things because they are not lawyers and it’s not their job to do
Although the legal profession is a single discourse community, it is made up of many smaller discourse communities. This is so because while all lawyers share the same broad goals of the legal profession and have a general knowledge and expertise in all areas of the law, most lawyers after graduating from law school and passing the bar exam specialize in a particular area of law. This specialization requires the lawyer to go beyond the broad concepts of law as a whole and to become knowledgeable and proficient in the sometimes minute details of a more specific area of law. Even then, some lawyers will go even further to focus on one aspect or another of that particular area of law. This results in most lawyers being members of many even smal...
•To become a barrister one had to go to a certain number of dinners at the Inns of Court for 3 years. Then if you were approved of by the older lawyers you’d be “called to the bar” and then could become a barrister. There was no exam required.
Cownie, F and Bradney, A. (2002) English Legal System in Context, London, Butterworths, pp. 293-4.
We must consider whether they are “authoritarian law-makers, or if their profession makes them mere declarers of the law”. In this essay, I will argue the ways that judges do make law, as well as discussing the contrary. The English legal system is ostensibly embedded on the foundation of a ‘high degree of certainty with adaptability’ based on a steady ‘mode’ of legal reasoning. This rests on four propositions. 1.
The first and most important task may be overcoming the cynicism of so many lawyers in and out of government to whom concern for "fairness" somehow signifies weakness. It is a cynicism that government lawyers should not have the luxury of acting upon. In reality, a commitment to fairness is a highly reliable sign of strength and confidence in the merits of one's position, and it is usually those who fear the fairness of the forum who most fear outcomes based on merit. Recently, a controversy has erupted over whether Justice Department lawyers are bound by state codes of ethics and analogous local federal court rules of practice. The issue stems from rules that restrict contact by lawyers with parties known to be represented by counsel, including corporate parties. In essence, the government is seeking to exempt its own lawyers from state and federal court ethical restraints in ways that would go far beyond issues of witness contact. Courts, thus far, have been unsympathetic to this government effort at unilateral exemption from the rules of ethics.
The relationship between law and morality has been argued over by legal theorists for centuries. The debate is constantly be readdressed with new cases raising important moral and legal questions. This essay will explain the nature of law and morality and how they are linked.