In a profession such as law, where clients often entrust their legal matters to lawyers, ethical challenges are commonplace. These issues can arise during the course of a lawyer’s professional relationship with clients or other lawyers, and even affect the lawyers themselves.
The legal community has established principles of ethical practice to guide a lawyer’s conduct. These standards of professional responsibility are the most essential requirements any attorney must abide by.
Duty to Client
One of the most crucial ethical obligations for lawyers is their duty to a client. A lawyer has an obligation to ensure their client comprehends their matter and provides regular, precise updates.
Clients also owe them a duty to pay their fees promptly and in full. That is why lawyers typically send bills outlining the specific charges for each service provided.
Lawyers have a duty to uphold the confidentiality of their clients. This requires them to keep all information about the client confidential unless the client gives consent or an order from a court.
If a client lies or falsifies evidence, their lawyer has an obligation to inform the court of what has transpired. This could include disclosing facts and suggesting an alternative resolution if it serves their best interests.
Duty to Society
Lawyers frequently face the difficult decision of how best to serve their client while upholding their duty to society. To do this, they must abide by a set of professional responsibility rules that guide their conduct.
These codes require attorneys to abstain from criminal behavior, handle payments lawfully and fairly, communicate with their clients effectively, and avoid defrauding anyone. Generally speaking, these are the most significant obligations that lawyers must uphold.
Lawyers also have an ethical duty to counsel another lawyer if they become aware that they are engaging in serious misconduct or criminal activity related to their practice.
Though some of these duties may seem overwhelming, they are an integral part of being a lawyer. When these duties are properly fulfilled, lawyers can help protect society from bad behavior while also upholding justice and shielding themselves from harm.
Duty to Represent
Lawyers, as the guardians of justice, bear a heavy responsibility. This responsibility begins from the day they earn the privilege to be called an officer of the court and extends throughout all appointments and levels of office.
One of the most fundamental obligations lawyers have to their clients is fair representation. This means ensuring they represent their client fairly, in good faith, and without discrimination.
Though this duty applies to most union activities such as grievances, collective bargaining and other actions taken by labor unions, it does not extend to employee rights to pursue claims outside of a labor relationship nor does it grant unions the power to discipline members for breaking rules.
In the United States, federal unions must abide by the Duty of Fair Representation – a statutory obligation to represent bargaining unit employees in any grievance or other matter related to collective bargaining. Furthermore, if a union breaches this duty, then the Federal Labor Relations Authority (FLRA) has jurisdiction over such claims.
Conflict of Interest
Conflict of Interest can arise in a lawyer’s practice when their professional or personal relationships create an ethical dilemma. These conflicts can manifest themselves in many situations and may prevent an attorney from taking on certain cases.
Lawyers must always act in their client’s best interests, free of any personal interests or loyalty conflicts. No amount of personal gain, consideration for other clients, or desires should ever dilute his loyalty to his client.
The American Bar Association’s Model Rules on Conflicts of Interest provide a detailed examination of conflict of interest issues under eight headings, the most pertinent being “Client-Lawyer Relationship.” To determine if there is a conflict of interest present, attorneys must consult with clients affected by it and obtain their informed consent in writing. If it cannot be avoided, lawyers should decline representation; if able to resolve it swiftly, they should do so.
