SAN JUAN BAUTISTA PRIVATE UNIVERSITY

LAW SCHOOL

RESEARCH WORK:

ETHICAL PRINCIPLES OF THE

LAWYER

STUDENTS:

GUTIERREZ CARPIO, ANGELICA.

SANDOVAL GARCIA, GILARIE.

HUACHACA TOLEDO, BRISETH.

BRAYAN PARDO, CASTAÑEDA.

FERNANDEZ CALDERON, JHAN.

JORGE ALFARO, ALEXANDER.

PAREDES CHUIMA, JHEREMY.

TEACHER:
ELIA IVONNE MAYORGA DE ORE

COURSE:
ENGLISH

2023
 DEDICATION:
This work is dedicated to our parents who
have supported us throughout our law
career.
 THANKS:
We thank God and the people who have helped
us with the late nights that we have given
ourselves with this work, thank the teacher
Ivonne for the teachings that she offers us in
each class.
 REPRESENTATION............................................................................................................

I. INTRODUCTION …………………………………………………………………

II. FUNDAMENTAL ETHICAL PRINCIPLES OF THE LAWYER

III. ETHICAL CHALENGES IN THE PRACTICE OF LAW

IV. UNETHICAL CONDUCT OF THE LAWYER:

V. GENERAL PRINCIPLES:

VI. CONCLUSION…………………………………………………………………………
 I. INTRODUCTION

Ethics in the practice of law is a fundamental pillar that guides the conduct of lawyers in their
professional practice. These ethical principles not only constitute a series of rules and guidelines
that regulate the conduct of legal professionals, but also represent the foundations on which trust
and integrity in the legal system are built. At the heart of lawyer ethics lies the imperative of
justice and fairness. Lawyers have a responsibility to be tireless advocates for justice, not only for
the benefit of their clients, but also to preserve the integrity of the judicial system as a whole.
This involves an unwavering dedication to truth and fairness, even when the interests of its
clients may conflict with these fundamental principles.

One of the most important pillars of lawyer ethics is confidentiality. Attorneys are required to
jealously protect their clients' confidential information, thereby ensuring the trust and openness
necessary for effective representation. This confidentiality is essential so that clients feel
comfortable sharing sensitive details of their cases, knowing that this information will not be
disclosed without their consent.
Furthermore, competence and knowledge are inalienable ethical imperatives for lawyers. These
professionals have an obligation to stay up to date with the laws and regulations relevant to their
areas of practice, thereby ensuring that their clients receive advice based on the most up-to-date
and accurate knowledge available.

Integrity and honesty are unwavering virtues in the lawyer's ethics. Lawyers must refrain from
any form of deceit, falsehood, or fraud, as trust in the legal system depends largely on the belief
in the truthfulness and integrity of the professionals within it.

Finally, social responsibility and commitment to the well-being of society are crucial components
of lawyer ethics. Lawyers have a unique role in preserving justice and promoting the rule of law.
This involves not only the diligent representation of clients' individual interests, but also an active
contribution to the promotion of a legal system that serves society as a whole.

5
 II. FUNDAMENTAL ETHICAL PRINCIPLES OF THE LAWYER

 Confidentiality:

Confidentiality in the attorney-client relationship is an essential pillar of legal ethics. This

principle implies that the lawyer is obliged to keep secret all information provided by the client in
the course of legal representation. This obligation persists even after the professional relationship
has ended. Confidentiality is crucial to fostering trust between the client and the lawyer, as it
allows the client to share detailed and personal information without fear of it being disclosed
without the client's consent. This trust is essential to effective representation, as it facilitates open
and honest communication between attorney and client.
Furthermore, confidentiality protects the rights and privacy of the client, as well as the legal
interests at stake. An ethical lawyer not only refrains from disclosing confidential information,
but also takes active steps to ensure that members of his legal team and any third parties involved
in the case respect this principle. Any exception to confidentiality requires express, informed
consent from the client or is subject to legally recognized exceptions.

 Loyalty and Fidelity:

Loyalty to the client is an ethical principle that requires the lawyer to put the client's interests
above all others, even above his own. This means that the lawyer must represent and defend the
interests of his client with vigor and dedication, always seeking the best possible result within the
limits of legality and ethics. At the same time, the attorney has a duty to avoid any conflict of
interest that could compromise her ability to effectively represent a client.
Loyalty not only refers to loyalty to the client, but also loyalty to the legal system as a whole.
This involves respecting and adhering to the laws, regulations and ethical standards that govern
legal practice. The ethical lawyer is committed to acting with integrity and respecting due legal
process at all times.

6
 Independence and Autonomy:

Independence is an ethical principle that guarantees that the lawyer exercises his judgment freely
and without external interference. This implies that the lawyer must make legal and strategic
decisions based on his objective assessment of the situation and the best interests of the client.
Independence also means that the lawyer should not be influenced by external pressures,
including the interests of third parties, when it comes to representing his client fairly and
equitably.
Lawyer autonomy is an essential component of the legal system's ability to ensure justice and the
rule of law. Without independence, the integrity of the legal process could be compromised,
which could have negative consequences for the administration of justice and public confidence
in the legal system.

 Competence and Professional Update:

Competence and professional updating are ethical principles that demand that the lawyer
maintain a level of knowledge and skills that are up to professional standards. This means that the
attorney must be familiar and up-to-date with the laws, regulations, and case law relevant to his
or her area of practice. Additionally, the attorney must possess the skills necessary to provide
high-quality advice and representation to his or her clients.
The constant pursuit of professional excellence is an ethical imperative that ensures that the
lawyer can provide the best possible service to his clients. This may involve participating in
continuing education courses, attending conferences, and regularly reading up-to-date legal
literature. Ethical competence not only benefits clients, but also contributes to the integrity and
reputation of the legal system as a whole.

III. ETHICAL CHALLENGES IN THE PRACTICE OF LAW

The practice of law is immersed in a dynamic and complex context that presents a series of
ethical challenges of considerable magnitude. These challenges, intrinsic to the lawyer's
professional practice, emerge from the interaction between a multiplicity of factors, including
7
client expectations, the imperatives of law and justice, as well as economic and social pressures.
One of the most notable ethical challenges that lawyers face lies in the balance between loyalty to
the client and preserving the integrity of the judicial system. In this sense, loyalty to the client
requires that the lawyer act diligently and with an unwavering commitment to the interests of the
client. However, this loyalty must be harmonized with the broader responsibility not to encourage
or engage in practices that may subvert due process or undermine confidence in the legal system.
Additionally, an ethical challenge arises in the management of conflicts of interest, which
manifests itself when a lawyer finds himself at the crossroads of representing two or more clients
with conflicting interests. This dilemma requires the lawyer to be able to objectively and
transparently evaluate whether it is possible or ethical to assume the representation of both
clients, or whether the decline of one of them is required in order to safeguard the integrity of the
representation.
Another ethical challenge to consider is the delicate relationship between confidentiality and the
duty to prevent imminent harm. At times, a lawyer may be faced with the ethical dilemma of
maintaining the confidentiality of information confided by the client, even when this information
suggests the possibility of imminent harm to third parties. In this context, the lawyer must
sensitively and prudently discern the need to disclose information that could otherwise lead to
significant negative consequences.
Furthermore, in an increasingly globalized and technologically advanced legal environment,
lawyers face ethical challenges related to the protection and management of information in a
digital context. Data security and client privacy become crucial ethical imperatives, requiring
lawyers to take proactive measures to ensure the confidentiality and integrity of electronic
information. Last but not least, lawyers are faced with the ethical challenge of maintaining up-to-
date and adequate professional competence. The rapid evolution of law and the complexity of
contemporary legal issues require a constant commitment to continuous learning and training.
Lack of ethical competence can have significant repercussions on the quality of representation
and, therefore, on client confidence and the integrity of the legal system as a whole.
In short, the practice of law is immersed in a series of complex and multifaceted ethical
challenges. The ability of lawyers to address these challenges with sensitivity, integrity and
responsibility is crucial not only to the effectiveness of their representation, but also to the
preservation of trust and integrity in the legal system as a whole.
8
 IV. UNETHICAL CONDUCT OF THE LAWYER:

Unethical conduct by a lawyer may include lack of confidentiality, conflict of interest, poor
representation, manipulation of evidence or witnesses, among others. It is important for lawyers
to follow a code of ethics to ensure integrity in their professional practice.
In the practice of law, ethics is unavoidable since it is precisely the certification of values of the
legal professional in whom society trusts and seeks comprehensive and competent legal advice.
The lawyer is in charge of demanding the fair application of the law. , to defend the right to live
in peace and with dignity, in short, to be the true architect of the legal system in the social
context; However, on a daily basis it can be seen that the profession is not fully exercised with
the responsibility and honesty that society expects, leaving its patrons defenseless, which
generates harm and threatens legal security, which is why “legal education “It plays an
irreplaceable role in the development of professional identity and standards of ethical
performance.”
Lawyering is the activity aimed at defending the interests of other people before authorities and
courts, as it is at the service of law and justice and is considered a social function; Therefore, it
must be exercised with professional ethics, the same ones that must be initiated in university
classrooms, teachers as legal professionals and related careers within the student's training must
instill ethical and moral values that will be applicable in the exercise. of their profession and daily
life, contributing with ethical principles and values located in the socio-moral dimension, in this
way allowing the foundation of a more democratic and fair society. Which undoubtedly
guarantees social justice and the certainty of living in a Rule of law, through ethical and
responsible professional practice, in this virtue teaching.

V. GENERAL PRINCIPLES:

1. Mission of the Lawyer:

Mission of the profession. The purpose of practicing the profession of Lawyer is to defend the
rights of people and the Constitutional Rule of Law. The probity and integrity of the Lawyer's
conduct, whatever the field in which he practices the profession, is essential for the proper
functioning and validity of the Constitutional Rule of Law and life in society.
9
 2. General duties
Defense of the Constitutional State of Law. The Lawyer is an essential part of the defense of the
Constitutional State of Law through his participation in the country's legal system. Therefore, he
must respect the function of the Authority and exercise the profession with diligence,
truthfulness, loyalty, justice, responsibility, integrity, respect and solidarity. Critical analysis of
the Authority's decisions is a valid means of defending the interests of the Client and the
Constitutional Rule of Law.

10