(a)in matters of law, order or the administration of justice; [2] As a client representative, the lawyer performs a variety of functions. As a consultant, a lawyer provides the client with a good understanding of their 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 opposing system. As a negotiator, a lawyer strives to achieve an outcome that is beneficial to the client, but that meets the requirements of an honest relationship with others. As an evaluator, a lawyer acts by investigating a client`s legal affairs and reporting them to the client or others. [18] Under various legal provisions, including constitutional, law and customary law, the responsibilities of prosecutors may include authority in legal matters normally vested in the client`s private client and lawyer relationship. For example, a lawyer from a government agency may be empowered on behalf of the government to decide on a regulation or to appeal an adverse judgment. These powers in various respects generally belong to the Attorney General and the Attorney of the state government and their federal counterparts, and the same may be true for other public servants. In addition, lawyers under the supervision of these officials may have the power to represent multiple government agencies in domestic legal controversies if a private lawyer cannot represent multiple retail clients. These rules do not invalidate such a power.
[8] The lawyer`s functions as a representative of clients, as an official of the legal system and as a citizen under public law are generally harmonious. Thus, if a counterparty is well represented, a lawyer may be a zealous lawyer on behalf of a client while assuming that justice will be served. Thus, a lawyer can also be sure that maintaining client trust generally serves 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. [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 life who has a special responsibility for the quality of justice. Canon 3 – A paralegal shall not: (a) engage, encourage or contribute to acts that may constitute an unauthorized legal practice; and (b) establish solicitor-client relationships, set fees, give legal advice or advice, or represent a client before a court or authority, unless authorized by such court or authority; and (c) engage in conduct or take any action that would assist or implicate counsel in the event of a breach of professional ethics or create an appearance of professional impropriety. [6] As a citizen of public life, the lawyer should strive to improve the law, access to the legal system, the administration of justice and the quality of services provided by the legal profession. As a member of a scholarly profession, a lawyer should cultivate knowledge of the law beyond its benefits to clients, use that knowledge in legal reform, and work to strengthen legal education. In addition, a lawyer should promote public understanding and trust in the rule of law and the judicial system, as legal institutions in a constitutional democracy rely on popular participation and support to maintain their authority. A lawyer must be aware of the shortcomings of the administration of justice and of the fact that the poor, and sometimes the non-poor, cannot afford adequate legal aid. Therefore, all lawyers should dedicate professional time and resources and use the influence of citizenship to ensure equal access to our legal system for all those who cannot afford or obtain adequate legal aid due to economic or social barriers. A lawyer should support the legal profession in pursuing these objectives and assist the Bar Association in regulating itself in the public interest. Canon 4 – A paralegal must exercise discretion and professional judgment commensurate with his or her knowledge and experience, but must not make an independent legal judgment in place of a lawyer.
The services of counsel are essential in the public interest when such a judicial judgment is required. (3) Organizations. A judge may participate in a not-for-profit organization engaged in law, the legal system or the administration of justice and act as a member, officer, director, trustee or non-legal counsel of that organization and assist that organization in administering and investing funds. A judge can make recommendations to public and private funders on projects and programs related to law, the legal system and the administration of justice. [10] The legal profession is largely autonomous. While autonomous powers have also been granted to other professions, 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 the ultimate authority over the legal profession is largely transferred to the courts. (c) “financial interest” means ownership of a legal or equitable interest, however small, or a relationship as a director, adviser or other active participant in the affairs of a party, except that: [13] Lawyers play a crucial role in preserving society. To fulfill this role, lawyers must understand their relationship to our legal system. Rules of ethics, when properly applied, serve to define this relationship. [17] In addition, for the purposes of establishing the lawyer`s authority and liability, the principles of substantive law outside these Rules determine whether a client-lawyer relationship exists.
Most obligations arising from the client-lawyer relationship arise only after the client has asked 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 Rule 1.18. Whether a client-lawyer relationship exists for a specific purpose may depend on the circumstances and be a question of fact. [12] The relative autonomy of the legal profession entails specific responsibilities for self-government. The profession has a responsibility to ensure that its rules are designed in the public interest and not to promote narrow-minded or self-serving concerns of the Bar Association. Each lawyer is responsible for compliance with the rules of professional conduct. A lawyer should also help ensure compliance by other lawyers. Neglect of these responsibilities undermines the independence of the profession and the public interest it serves.
Canon 4A(5). A judge may act in all legal matters, including matters relating to litigation and matters relating to appearance before or other relations with government authorities. In doing so, a judge may not abuse the reputation of his office to promote his interests or those of his family. A person other than a spouse with whom the judge has both a household and an intimate relationship should be considered a family member for the purposes of legal assistance under Canon 4A(5), fundraising under Canon 4C and family businesses under Canon 4D(2). [11] To the extent that lawyers fulfil the obligations of their professional profession, the possibility of state regulation is avoided. Self-regulation also helps to preserve the independence of the legal profession from state domination. An independent legal profession is an important force in maintaining government under the law, as abuse of legal power is more easily challenged by a profession whose members do not depend on the government to exercise the right to practice. Canon 5 – A paralegal must disclose his or her paralegal status at the beginning of any professional relationship with a client, lawyer, court or administrative authority or its staff or member of the public. A paralegal should exercise caution in determining the extent to which a client can be assisted without the presence of a lawyer. Definition: Paralegals, also known as paralegals, are a separate group of people who help lawyers provide legal services.
Through formal education, training and experience, paralegals have knowledge and expertise in the legal system and substantive and procedural law that enables them to perform legal work under the supervision of a lawyer. [20] A breach of a rule should not, in and of itself, give rise to a cause of action against a lawyer, nor in such a case give rise to a presumption of breach of a legal duty. In addition, the violation of a rule does not necessarily justify another non-disciplinary remedy, such as: the recusal of a lawyer in an ongoing dispute. These rules are intended to provide guidance to lawyers and to provide a structure for regulating the conduct of disciplinary authorities. They are not intended as a basis for civil liability. Moreover, the purpose of the rules may be undermined if they are invoked by opposing parties as procedural weapons.