Introduction
Lawyers’ duties are relevant not only to their clients, for there is also a “public interest that the duty should be performed” [1P3]. Lawyers are, in society, in the unique position of quasi-state actors. Although not formally part of the state, they are vital in the smooth operation of the legislative, executive, and judicial branches of government [1P3]. Several features of lawyers’ duties and responsibilities are distinct to the legal profession. The justification for such features resides in this function lawyers are required to perform in society. It is the vital nature of lawyers in society which provides the rationale for their unique position.
The legal profession is largely self-governed [1P9]. In New Zealand, for instance, the New Zealand law society is responsible for regulating lawyers [Lawyers&Conveyancers Act]. One justification for this arrangement is that regulation of the profession requires the particular knowledge and expertise that is only held by those with legal training. Lawyers are also generally solely responsible for their own actions and decisions. Whereas professionals in other industries can, to some extent, sheet home responsibility to the organisation of which they are a part [1P10,11], lawyers have no such luxury.
Several ethical theories put forth different conceptions of lawyers' duties. It is important to note, at the outset, that the following is not a discussion as to which of the ethical theories ought to guide lawyers' behaviour, but rather a consideration of which is the most consistent with lawyers' duties as laid down by the Rules contained within the Lawyers and Conveyancers Act.
Lawyers are required to uphold particular professional standards. In New Zealand, ...
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... interest sufficiently.
It is for this reason that responsible lawyering is not reflected in the rules of lawyers’ conduct laid down in New Zealand (or, indeed, in any common law country).
Virtue Ethics
This view takes the approach of focussing on characteristics rather than rules. On this view, it is those who possess desirable traits such as virtue and honesty, in addition to merely following the applicable rules and regulations, who are “good lawyers”.[1p63] That is,
This approach is, to a large extent, aspirational.
Ethics of Care
Lawyer as counsellor
Conclusion
It would appear that a form of “moral pluralism” [2P8] is the answer. That is, none of the above theories is entirely consistent with lawyers’ duties, and each offers a useful vantage point for particular rules of conduct and client care.
The Progressive Era prompted an increasing need to form the American Bar Association which was established August 21, 1878, in Saratoga, New York, by a group of 100 lawyers from 21 states who promoted order throughout the nation’s law schools (Matzko, 1984). After over 100 years of existence, the American Bar Association continues to serve and assist law students and lawyers as one pursues to serve and defend the constitutional rights and liberties of others. The American Bar Association is known for providing continuing education and testing to assist future lawyers in one’s quest to defend.
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...
(7) H. L., Hart, The Concept of Law, ch. VIII, and D., Lyons, Ethics and the rule of law, Cambridge University Press, 1989, p. 78 ff,
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