As the legal profession is subject to structural change, long-standing ethical principles continue to determine the day-to-day lives of practising lawyers. This new reference book on professional liability provides both an overview of the systemic changes underway and an in-depth examination of the fundamental principles of legal and judicial ethics. As a multidimensional work of scientific experts in various fields, the Hornbook (1) begins with the changing environment in which legal services are provided in the modern economy; (2) pursues a theoretical anchoring of legal ethics in moral philosophy; (3) provides empirical evidence and discussions on vocational education and training and moral development; (4) provides a complete analysis of the law of legal ethics; (5) contains a rich analysis of the modern law of legal misconduct, and (6) concludes with a review of the rules of judicial conduct. The introduction and table of contents of this new horn book are included in this article. 1.3 Ethics trainingLegal ethics has always been neglected in the training of lawyers. Indeed, the time devoted to teaching legal ethics in most institutions in England is minimal. It is also interesting to note that teaching legal ethics and professional liability in the United States only became mandatory in 1974 after revelations about the involvement of lawyers in the Watergate scandal. In the UK, it is likely that the importance of ethics education will be given more prominence at university level and beyond. Misconduct complaints against lawyers are dealt with by adjudicators from the SRA`s Legal Appeals Service and, in more serious cases, by reference to the Lawyers` Disciplinary Tribunal (SDT), which acts independently of the SRA.
The decisions of the SDT must be appealed to the High Court. Misconduct complaints against lawyers are monitored by a complaints officer who screens the complaints before being referred to the Bar Council`s Code of Conduct Committee. More serious complaints are referred by the Conduct Committee to either a Summary Procedure Committee or a disciplinary tribunal. Appeals against the decisions of these bodies are addressed to the “visitors” (the judges of the High Court). The courts have generally postponed a finding of misconduct by the disciplinary bodies of the profession and have also been reluctant to intervene in the amount of sanctions, since the representatives of the profession themselves are the best judges of the fault and its seriousness. Dishonesty is considered the most serious violation of professional standards, and the usual punishment is to cross off the list of lawyers or expel them. [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. It used to be said that no absolute code could be established, but that (in the words of Lord Macmillan) solutions to the day-to-day problems arising from the duties of the lawyer.” are left to the honor of the intercessor… Nevertheless, a number of attempts have been made to define the ethical obligations of lawyers. Lord Macmillan identified five fundamental responsibilities of a lawyer: “.. a duty to his client, a duty to his adversary, a duty to the court, a duty to the state and a duty to himself. Sir Malcolm Hilbery considered that the lawyer`s code of honour was to be found in “the traditions of the profession” which were established in “the schools of the profession. die Inns of Court”. Du Cann noted that proper compliance with these obligations “may prevent [counsel] from getting back on his feet, while failure to comply with these obligations may result in an appearance before a disciplinary committee. and the removal of his name from the list of persons entitled to practise the Tribunal”.
He identified the essential characteristics of a lawyer as honesty, judgment, courage, sincerity, humanity and diligence. Prior to the adoption of Report 105, the ABA did not have specific guidance on GATS disciplines on domestic regulation that would have enabled it to provide the advice it had requested from the United States Trade Representative (USTR). Because of the important interests at stake for the legal profession in the GATS negotiations, the Standing Committee considered it essential that the ABA adopt such guidelines to ensure that the USTR benefits from the expertise of the association, while its WTO negotiators work on the development of disciplines. The Courts and Legal Services Act 1990 also established the Office of the Legal Services Ombudsman, whose role is to ensure that professional bodies in both sectors of the modern profession conduct fair, thorough and effective investigations into public complaints about their members. The Ombudsman prepares a public report in response to a complaint and, although the Ombudsman`s recommendations cannot be implemented, he may publish any breach of his orders. Given the history of complaints against lawyers described above, it is perhaps not surprising that the most common of all complaints received by the Ombudsman relates to lawyers` fees. A passage from Lord Bingham MR`s judgment in Bolton v. The Law Society [1993] EWCA Civ 32 gives an idea of the considerations taken into account when a solicitor (or barrister) appears before a disciplinary tribunal: “Since [disciplinary tribunal] orders are not primarily punitive, it follows that considerations that might normally affect the mitigation of sentences have less influence on the exercise of that jurisdiction than on the normal course of events. penalties imposed in criminal matters. It often happens that a lawyer who appears in court can present a plethora of glowing honors from his professional brothers. He can often show that for him and his family, the consequences of removal or suspension would be downright tragic. Often, he will say convincingly that he has learned his lesson and that he will not reoffend.
When requesting restoration after deletion, all of these points can be cited, and the former lawyer may also be able to point out actual efforts to recover and restore their reputation. All these questions are relevant and must be taken into account. But none of them addresses the essential problem, which is the need to maintain well-founded public confidence that any lawyer they hire will be a person of undeniable integrity, honesty and reliability. Therefore, it can never be an objection to a stay order in an appropriate case that the lawyer is unable to resume his practice after the suspension period has expired. If this is or is likely, the consequences for the person and their family may be deeply regrettable and unintentional. But that doesn`t make suspension the wrong order if it`s otherwise correct. The reputation of the profession is more important than the fate of an individual member. There are many advantages to belonging to a profession, but it is part of the price. ».