Legal Ethics بادآ و تایقلاخا ینوناق

Legal Ethics
‫قانونی اخالقیات و آداب‬
Legal Ethics: Society & Advocate Author: Syeda Uzma Gillani Contact: 03218467027
1
TODAY’S FOCUS
CLIENT SOCIETY
& &
ADVOCATE
ADVOCATE
PROFESSION
&
ADVOCATE
2
• RELATIONSHIP OF
SOCIETY AND AN
ADVOCATE IS REALLY
IMPORTANT.......
• The advocate is one who knows the law;
ADVOCATES ARE TRUE • The advocate represents the case of his/her client;
REFLECTION OF EVERY
SOCIETY • The advocate is responsible to watch every
AND VICE VERSA. interest of his/her client;
• The advocate provides opportunity to his/her

There are certain privileges to client to use laws of society to protect rights and
advocates in the society such as: fix duties;
• The right to engage in self
regulation; • The advocate guides client according to law;
• The exclusive right to perform

• The advocate assists the of law court to dispense
justice;
particular functions; and
• The advocate plays vital role in establishment of
• Special status justice.
3
“IF SOCIETY CAN
NO LONGER TRUST
THOSE
BEST COGNIZANT WITH
THE DEMANDS OF
JUSTICE,
THEN
WHO CAN BE
TRUSTED?”
4
CURRENT CHALLENGES TO
ADVOCATES
5
Simon Longstaff in his article “ the Lawyer’s duty to the community” says:
It has been argued that the defining feature of a
profession is a commitment to promote and preserve the
public good … that the interests of society are advanced
by the existence of a genuine legal profession rather than
a legal industry in which lawyers operate businesses in
the Law …
The challenge faced by the profession is to instill, in

difficult times, the sense of a corporate responsibility
based on a genuine belief that the practice of the Law is a
noble calling and not just a job.
6
UNDERSTAND THE SUBJECT
MATTER OF LAWS
Honourable Lord Bingham of Cornwall explains
THE RULE OF LAW:
All persons and authorities within the state,
whether public or private, should be bound by,
and entitled to, the benefit of laws publicly and
prospectively promulgated and publicly
administered.
7
ESTABLISH RULE OF LAW
HONOURABLE LORD BINGHAM OF CORNWALL
• All persons and authorities within the state, whether
public or private, should be bound by, and entitled to,
the benefit of laws publicly and prospectively
promulgated and publicly administered.
• Lord Bingham concludes his discussion of the rule of
law, referring to it as, “a principle of such manifest and
fundamental importance as to animate not only our
professional lives, but our lives as members of our
respective societies.”
8
PUBLIC INTEREST LITIGATION
The legal profession does not exist as of
right. As are members of other professions,
lawyers are afforded privileges as part of a
bargain with society, “in which they promise
conscientiously to serve the public interest –
even if to do so may, at times, be at their own
expense.” These privileges include the right
to self-regulate, the exclusive right to perform
certain functions, and special status.
9
PROFESS LEGALLY
• Every person is entitled to independent advice about what the law is
thought to be, mean and require;
• Lawyers ought not to suspend their judgment about the ethical status of
their client's proposals;
• Lawyers should be prepared to offer independent, professional advice
based on a proper discernment of the potential difference between a
client's wants and needs or interests;
• While respecting a client's right to choose how to proceed, no lawyer is to
assist a client to pursue a course of action which, in all conscience, the
lawyer believes to be against the public interest. In this regard, illegal acts
are prima facie against the public interest;
• In the conduct of every matter, a lawyer is to proceed according to the
profession's accepted principles of fair dealing; and
• The profession, as a whole, is to ensure that self regulation ensures that
only those who deal fairly continue to practice law.
10
ADVISE TO CLIENT
• Following the BEST view of professionalism
would require that a lawyer provide moral
advice to a client and, at the very least, not
ignore what his or her client is going to do
with that advice.
• The lawyer’s duty to society is paramount to

the lawyer’s duties to the courts and to the
Law.
11
WORK-LIFE BALANCE
In this twenty first century, traditional
„family‟ roles have changed significantly
comparative to the past 50 years.
The young lawyers in particular –
whether male or female – share equally in
the parenting and household roles that
historically fell to the stay-at-home wife.
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Legal Ethics

‫قانونی اخالقیات و آداب‬

• The advocate provides opportunity to his/her

• The exclusive right to perform

The challenge faced by the profession is to instill, in

• The lawyer’s duty to society is paramount to

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