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.
Paralegals have become an essential part of today's legal system, and as the profession becomes one of the leading and fastest growing occupations in the U.S. economy; these individuals perform delegated tasks under the supervision of attorneys. Education has played an important part on this matter; it has facilitated this development by allowing lawyers to use these skills professionals as agents to delegate specific tasks such as legal research, gathering of information and the drafting of specific legal documents under the supervision and final approval of their principals. This has been very significant because now; we can enjoy a speedy process in a cumbersome legal system. From en economic standpoint, it has also been beneficial by decreasing the substantial amount of the legal cost a firm could incur if only lawyers were allowed to perform this kind work.
Throughout modern civilization, the American republic is widely known for its dependency upon the realm of business. Equally as vital, looms the ever-present hand of the American law system. “All beings have their laws: the Deity…man his laws” (Montesquieu,1), this statement serves true in founding that law is consistently a necessary portion in society because all society desires law. As a consequence of the continual presence of law, careers aimed to interpret the crevices of laws, and to defend them, are synonymously as necessary in society. Absolutely, the gain of America’s economy is a direct reflection of the lawyers who protect them. Lawyers are a necessity to the nation; serving their purpose as defenders of the law. The system of corporate law is undoubtedly the cornerstone of corporate finance, and as citizens begin to thrive more immensely in a capitalistic nation, legal representation will be the trailblazer to the continuation of the American system of corporations. As I embark upon the journey of excellence into the world of corporate law, I endeavor to change the way business is defended, upheld, and represented.
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...
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...
(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,
Additionally, like I mentioned in the beginning, in terms of beneficence, its principle stipulates that ethical theories should strive to achieve the greatest amount of good because people benefit from the most good. In respect for autonomy an ethical theory should allow people to reign over themselves and to be able to make decisions that apply to their lives. This means that people should have control over their lives as much as possible because they are the only people who completely understand their chosen type of lifestyle. The justice ethical principle states that ethical theories should prescribe actions that are fair to those involved. Due to this, code of ethics were put in place for the well being of these professionals and their clients so that in all act on each party’s behalf there will be some sort of
Mr Justice Wilson, ‘Lectures on Advocacy and Ethics in the Supreme Court’ (1979) 15 Legal Research Foundation Inc.
The Analysis of Solicitors and Barristers 1) Describe the main differences between solicitors and barristers with regard to work and training. 2) Discuss the advantages and disadvantages of having a single legal profession. 1) Background The legal profession is largely middle class, partly due to the lack of funding for professional courses. In 1999, ethnic minorities formed 8.5% of the Bar and 5% of solicitors.
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Lawyers are hired by people and by businesses to help them in legal cases (“Lawyer”Whats para.1). Your skills in the field of lawyering will only improve with on the job training (“Lawyer” What’s para. 4). Almost all of your training will come from on the job by actually going out there and trying and learning from your mistakes (“Lawyer” What’s para. 5). Th...
Firstly in this report, I will be giving the different definitions of rule of law by different philosophers; secondly, I will be applying the rule of law to the English Legal system and thirdly I will be explaining separation of powers with a focus on the impartial judiciary. Finally, I will be using cases to support every detailed point given.
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