Lawyers represent their clients in a court of law, and communicate with the various parties involved in the legal process. They interpret laws for their clients, present facts in court and argue on behalf of their clients. These professionals also prepare legal documents, such as appeals, contracts and wills.
A lawyer shall abide by a client’s decision whether to settle a matter. Except as otherwise provided by law in a criminal case, the lawyer shall abide by the client’s decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify.
CANON 1 – A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL PROCESSES. Rule 1.01 – A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
DUTY TO THE COURT. A duty of honesty and candour, both in presentation of the law and presentation of the facts, is owed to the court. As with all other duties to the court, it will override a lawyer’s duties to the client in the event of inconsistency. First, lawyers must not mislead the court as to the law.
Areas covered by ethical standards include: Independence, honesty and integrity. The lawyer and client relationship, in particular, the duties owed by the lawyer to his or her client. This includes matters such as client care, conflict of interest, confidentiality, dealing with client money, and fees.
Professional responsibility is the area of legal practice that encompasses the duties of attorneys to act in a professional manner, obey the law, avoid conflicts of interest, and put the interests of clients ahead of their own interests.
RULE 6.01 The primary duty of a lawyer engaged in public prosecution is not to convict but to see that justice is done. The suppression of facts or the concealment of witnesses capable of establishing the innocence of the accused is highly reprehensible and is cause for disciplinary action.
Apart from fighting cases lawyers provide their skills and knowledge to the society by doing pro bono cases and lending legal services to the poor and needy. A huge change has been brought upon by the legal aid services in India.
Writing well is a powerful tool in the practice of law. Just like oral advocacy, the purpose of written advocacy is to persuade and in order to be persuasive, the document must be useful for the intended reader. … The written argument thus provides an opportunity to persuade the Court before oral address has any role.
A lawyer’s first duty is: to apply the law to the facts of a case.
Duty, the word finds its derivation from the word “due” which means something which owed. So, Duty can be described as an obligation to perform an act or a task. This act or task can be ethical, moral, cultural etc. in nature or either a compulsion by the state, omission of which will result in punishment by law.
1. Not to negotiate directly with opposing party. An advocate shall not in any way communicate or negotiate or call for settlement upon the subject matter of controversy with any party represented by an advocate except through the advocate representing the parties. 2. Carry out legitimate promises made.
Crown counsel provide legal advice to investigative agencies and departments within the federal government and to law enforcement agencies involved in enforcing federal law. The primary purpose of providing this legal advice is to help ensure that evidence is gathered in a manner that will be admissible at trial.
In NSW, a solicitor is permitted to refuse to represent someone in a case, and they may do so for a wide range of reasons.
As advocates, they represent one of the parties in criminal and civil trials by presenting evidence and arguing in court to support their client. As advisors, lawyers counsel their clients about their legal rights and obligations and suggest particular courses of action in business and personal matters.
Background. Usually oral advocacy is a stage in the appellate level that focuses on the presentation of an attorney’s legal briefs. Getting to the appellate level means that the lawyers have already received a decision from a trial judge, and that one of the parties decided to contest (or appeal) that decision.