A lawyer’s duties include advising clients, researching and writing legal papers, drafting contracts, presenting cases in court, and representing their clients in various legal proceedings. They must be zealous in advocating for their client and avoiding conflicts of interest.
Attorneys for employees are entitled to freedom of expression, belief, and association. They should be able to join local and international organizations without suffering any professional restrictions.
Duty of loyalty
Lawyers have a duty to zealously defend the interests of their clients, uphold legal processes, and exemplify the profession’s ideals. They must also respect the law and those who serve it. However, lawyers must remember that their relative autonomy carries with it the responsibility to ensure that their laws are conceived in the public interest and not to advance parochial or self-interested concerns. This is especially true when a conflict of interest may adversely affect the lawyer’s interest.
Lawyers must always consider the effect on their professional integrity when acting on behalf of a client. They should avoid counseling or assisting a client in a course of action that the lawyer knows or reasonably should know is criminal or fraudulent. This does not prevent a lawyer from giving an honest opinion about the likely consequences of a course of conduct that appears to be criminal or fraudulent, but it does prohibit a lawyer from suggesting how a crime or fraud might be concealed.
A lawyer should also keep in reasonable contact with his or her client, keeping the client reasonably informed and fully explaining matters that are crucial to the case. However, the adequacy of communication depends on the nature of the matter and the degree to which it can be described in detail. For example, it is generally unreasonable to expect a lawyer to explain the strategy of a trial or negotiation in detail.
Duty of confidentiality
The duty of confidentiality is an important legal obligation. It ensures that lawyers do not divulge confidential information to third parties. This rule applies to both prospective and current clients. It also extends to all work done for a client, even after the relationship ends. This obligation reflects the fundamental principles of fiduciary responsibility and loyalty. It also prevents the lawyer from using confidential information to gain an advantage over his or her clients.
The ABA Model Rules of Professional Conduct have a specific rule (1.6) that defines the lawyer’s duty to maintain confidentiality. This rule prohibits revealing any information about a client’s representation unless the client gives informed consent or the disclosure is impliedly authorized by the law or permitted by paragraph (b). This duty of confidentiality applies to all information communicated in confidence and all information related to the representation. It does not, however, protect information that does not fit into attorney-client privilege, such as financial information or personal details.
A written policy clarifying these duties for your staff is a good idea. It will help you avoid potential problems and show your clients that you take their privacy seriously. A written policy can also assist you when it comes time to defend yourself against allegations of ethical violations. Many of these violations involve little-known state-specific rules that are not always reflected in the official Code of Ethics. For example, California’s Formal Opinion 480 states that attorneys should not reveal the identity of their clients in court filings.
Duty of competence
Lawyers should be informed and competent to do the work they undertake. Lawyers must also be reasonably available to their clients. This includes responding to telephone calls, faxes, and other communications. Clients may be harmed by unreasonable delays. Moreover, unreasonable delay can undermine a client’s confidence in the lawyer’s trustworthiness.
It is a lawyer’s duty to make the best efforts possible to render services in accordance with the law and recognized standards and ethics of the legal profession. In this regard, a lawyer should not seek or accept employment in circumstances where it is likely that the client’s interests will conflict with those of the lawyer.
Governments should ensure that lawyers (a) are able to discharge their professional functions without intimidation, hindrance, harassment, or improper interference; and (b) are able to travel and consult with their clients freely both within and outside their country.
In addition, governments should ensure that lawyers are able to access information and files in sufficient time to enable them to provide adequate legal assistance to their clients. This is especially important when a lawyer is defending a client against a claim that the lawyer has engaged in unlawful conduct. Lawyers should comply with procedures prescribed by law for the determination of fees. Similarly, if a tribunal has provided a procedure for the resolution of fee disputes, a lawyer should conscientiously consider submitting to it.
Duty of diligence
A lawyer’s duty of diligence is a fundamental element of professional ethics. It is a legal requirement that lawyers work diligently in their cases to the best of their abilities and to the benefit of their clients. This means that they must take the time to research and prepare for each case. Lawyers must also be punctual when attending court hearings and filing documents.
The duty of diligence entails a lawyer’s obligation to act with competence, commitment, and dedication to the interests of their clients and with zeal in advocacy on their behalf. It also requires that they pursue a matter on behalf of a client with reasonable diligence and promptness, even when such pursuit may involve opposition, obstruction, or personal inconvenience to the lawyer. This includes making all reasonable investigations necessary to determine whether a particular claim or cause is worthy of pursuit and, if so, what lawful and ethical measures should be taken to vindicate the client’s interest.
In addition to the duties of duty of diligence, attorneys have a duty to act with reasonable skill and knowledge in representing their clients. This entails using reasonable diligence in filing documents with the court, negotiating contracts, and communicating with their clients and third parties regarding client matters. Attorneys should also be punctual when attending court hearings or filing documents and avoid unnecessary delay in disposing of cases.
Duty of fairness
Lawyers should be aware of their obligation to avoid unfair treatment of other persons, including clients. They should not engage in discrimination based on race, color, sex, sexual orientation, religion, age, national origin, or disability. They also should not engage in harassment or other abusive conduct directed at litigants, attorneys, or judicial employees. The duty of fairness includes a lawyer’s responsibility to inform a client of any risks and alternatives available in the course of representation. It also includes the obligation to take appropriate action to correct a mistake or omission that may have caused harm.
Lawyers must also be mindful of deficiencies in the administration of justice and the fact that many people, including some who are not poor, cannot afford legal assistance. They should devote their professional time and efforts to addressing these issues and use their civic influence to ensure that everyone has access to the legal system.
Unless authorized by the client, lawyers should not commingle their own funds with those of a client or employer. They should also explain to clients the objectives of a matter, the means by which they are to be pursued, and the prospect of success to the extent that the client is willing and able to understand it. This requires clear communication with the client and a willingness to compromise when necessary. In some cases, a disagreement with the client can be resolved through discharge or other lawful procedures.
Duty of respect
The duty of respect involves the obligation to maintain the honor and dignity of the legal profession. Lawyers should, at all times, treat their clients with honesty, fairness, and due diligence. They also have a duty to protect their clients, promote human rights, and act with independence and impartiality. This includes preventing any form of discrimination, harassment, or abuse against their clients.
The code of professional conduct for lawyers outlines a number of specific duties and responsibilities that are required to be followed by all attorneys. These rules are intended to provide a framework for addressing ethical situations in the practice of law. A lawyer can be accused of violating the code of ethics if he or she fails to meet any of these standards.
A lawyer may use information relating to the representation of a client only to the extent that it is necessary to pursue a legitimate objective. This means that a lawyer cannot reveal this information to other persons, nor may he use it to his or her own advantage. A breach of this rule is considered a violation of the duty of loyalty.
Lawyers should have the freedom to practice their profession without hindrance, interference, or harassment, both within and outside their countries of origin. Governments and professional associations of lawyers should cooperate in promoting programs to inform the public about the rights and duties of lawyers and their important role in the administration of justice.
