Advantageous Legal Definition

29 Sep Advantageous Legal Definition

[14] The rules of ethics are rules of reason. They must be interpreted in the light of the objectives of the legal representation and the law itself. Some of the rules are imperatives set out in the words « should » or « shall not ». These define good behaviour for the purposes of professional discipline. Others that are generally included in the term « may » are permissive and define areas according to the rules in which the lawyer may exercise professional judgment in his or her sole discretion. No disciplinary action should be taken if the lawyer decides not to act or to act within this discretion. Other rules define the nature of the relationship between the lawyer and others. The rules of procedure are therefore partly mandatory and disciplinary and partly constitutive and descriptive, since they define the professional role of a lawyer. Many of the comments use the word « should. » The comments do not add obligations to the rules, but provide guidelines for the exercise of the rules in accordance with the rules. [16] As with any legislation in an open society, compliance with the rules depends primarily on voluntary understanding and respect, secondarily on the empowerment of peers and public opinion and, finally, if necessary, on law enforcement through disciplinary proceedings. However, the rules do not exhaust the moral and ethical considerations that should inform a lawyer, because no rewarding human activity can be entirely defined by legal rules. The rules only provide a framework for the ethical practice of law.

[10] The legal profession is largely autonomous. While other professions have also been granted self-government powers, the legal profession is unique in this regard because of the close relationship between the profession and government and law enforcement processes. This link is manifested in the fact that ultimate authority over the legal profession is largely transferred to the courts. [17] In addition, for the purposes of establishing counsel`s authority and liability, substantive law principles outside of these rules determine whether there is a client-lawyer relationship. Most obligations arising from the client-lawyer relationship arise only after the client has appointed the lawyer to provide legal services and the lawyer has agreed to do so. However, certain obligations, such as confidentiality under Rule 1.6, are attached if the lawyer agrees to consider whether a client-lawyer relationship should be established. See Article 1.18. Whether a client-lawyer relationship exists for a specific purpose may depend on the circumstances and be a question of fact.

[18] Under various legal provisions, including constitutional, legislative and customary law, the responsibilities of government counsel may include the power to deal with legal matters normally vested in the client in private relations between clients and lawyers. For example, a lawyer for a government agency may have the power, on behalf of the government, to decide on a settlement or to appeal an adverse judgment. In various ways, this authority generally rests with the Attorney General and The State Attorney of the state of the state government and their federal counterparts, and it may be the same for other government officials. Lawyers under the supervision of these officials may also be entitled to represent multiple government agencies in domestic disputes if a private lawyer cannot represent multiple private clients. These rules do not abolish that power. [12] The relative autonomy of the legal profession involves specific responsibilities of self-government. The profession has a responsibility to ensure that its by-laws are designed in the public interest and not in the promotion of narrow-minded or selfish concerns of the Bar Association. Each lawyer is responsible for compliance with the rules of ethics. A lawyer should also help ensure their compliance by other lawyers. Neglecting these responsibilities jeopardizes the independence of the profession and the public interest it serves.

[1] A lawyer, as a member of the legal profession, is a representative of clients, an official of the legal system and a citizen of public law who has a particular responsibility for the quality of the judiciary. When a person attempts to appeal to the federal courts to determine the validity of a piece of legislation, he or she must prove that he or she is « in imminent danger of suffering a direct violation. » Ex parte Levitt, 302 U.S. 633, 634 (1937). This requirement is necessary to ensure that « federal courts do not reserve their judicial authority to `specific legal issues presented in specific cases for abstractions.` » Associate General Contractors of California v Coalition for Economic Justice, 950 F.2d 1401, 1406 (Cir. 9, 1991) (cited United Public Workers, 330 U.S. to 89), certificate refused, 112 p. Ct. 1670 (1992). National Environmental Policy Act (NEPA), 42 U.S.C. S 4331, ff. [13] Lawyers play an important role in the preservation of society. To fulfill this role, lawyers need to understand their relationship to our legal system.

The rules of ethics, when properly applied, serve to define this relationship. [20] A breach of a provision should not in itself give rise to an action against a lawyer or, in such a case, should give rise to a presumption of breach of a legal obligation. Moreover, a violation of a rule does not necessarily justify another non-disciplinary remedy, such as disqualifying a lawyer in an ongoing dispute. The rules are intended to provide guidance to lawyers and a structure for the regulation of conduct by disciplinary authorities. They are not intended as a basis for civil liability. In addition, the purpose of the rules may be compromised if they are invoked by the opposing parties as procedural weapons. The fact that a rule provides a fair basis for a lawyer`s self-assessment or for sanctioning a lawyer under the administration of a disciplinary authority does not mean that an antagonist in a parallel proceeding or settlement is entitled to request the application of the rule. However, since the rules set standards of conduct for lawyers, a lawyer`s violation of a rule may be evidence of a violation of the applicable standard of conduct. [2] As a client representative, a lawyer performs various functions. As a consultant, a lawyer provides a client with a good understanding of the client`s legal rights and obligations and explains their practical implications.

As a lawyer, a lawyer eagerly asserts the client`s position according to the rules of the opposite system. As a negotiator, a lawyer strives to achieve a result that is beneficial to the client, but that meets the requirements of an honest relationship with others. As an appraiser, a lawyer acts by investigating a client`s legal affairs and reporting to the client or others. [9] However, in the nature of legal practice, conflicting responsibilities arise. Virtually all difficult ethical issues arise from the conflict between a lawyer`s responsibility to his or her clients, the legal system, and the lawyer`s interest in remaining an ethical person while earning a satisfying life. The rules of professional conduct often prescribe conditions for the resolution of such conflicts. However, within the framework of these rules, many difficult questions of professional discretion may arise. These issues must be resolved through the exercise of sound professional and moral judgment guided by the basic principles underlying the rules. These principles include the lawyer`s obligation to protect and pursue a client`s legitimate interests within the framework of the law, while maintaining a professional, courteous and civil attitude towards all persons involved in the legal system. Standing is the legal right to bring a dispute, and to do so, a person must be sufficiently affected by the present case.2 min read [8] The responsibilities of a lawyer as a representative of clients, as an official of the legal system and as a citizen of public life are generally harmonious.

Thus, if a counterparty is well represented, a lawyer can be a passionate lawyer on behalf of a client while assuming that justice will be done. Thus, a lawyer can also be sure that maintaining clients` trust is generally in the public interest, as people are more likely to seek legal advice and thus comply with their legal obligations if they know their communications will be private. [11] To the extent that lawyers respect the obligations of their professional vocation, there is no need for state regulation. Self-regulation also helps to preserve the independence of the legal profession from government rule. An independent legal profession is an important force in keeping the government before the law, as the abuse of legal authority is more easily challenged by a profession whose members do not depend on the government to exercise the law. [15] The Rules of Procedure presuppose a broader legal context that characterizes the role of counsel. This context includes court regulations and laws relating to licensing matters, laws defining the specific obligations of lawyers, and substantive and procedural law in general. Comments are sometimes used to educate lawyers about their responsibilities under this other law.