A Lawyer Should Assist in Maintaining the Integrity and Competence of the Legal Profession


[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. [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. [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.

[4] In all professional functions, a lawyer must be competent, prompt and diligent. A lawyer should maintain communication with a client through representation. A lawyer should keep confidential information about a client`s representation, unless disclosure is required or permitted by professional standards or other legislation. [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. [19] Failure to comply with an obligation or prohibition imposed by a rule is a ground for initiating disciplinary proceedings. The Rules of Procedure require that the disciplinary assessment of a lawyer`s conduct be based on the facts and circumstances that existed at the time of the conduct in question and in recognition of the fact that a lawyer often has to act on the basis of uncertain or incomplete evidence of the situation. In addition, the rules presuppose that whether or not to impose disciplinary measures for an offence and the severity of a sanction depend on all the circumstances, such as the intent and gravity of the offence, mitigating factors and the existence of previous offences. [5] The competent treatment of a particular issue involves the examination and analysis of the factual and legal aspects of the problem, as well as the application of methods and procedures that meet the standards of competent practitioners. It also involves good preparation.

The attention and preparation required is determined in part by what is at stake; Larger litigation and complex transactions generally require more comprehensive handling than less complex and more consistent issues. An agreement between the lawyer and the client on the scope of representation may limit the matters for which the lawyer is responsible. See Article 1.2(c). [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. [5] The conduct of a lawyer must comply with legal requirements, both in the professional care of clients and in the commercial and personal affairs of the lawyer. A lawyer should only use the procedures of the law for legitimate purposes and not to harass or intimidate others. A lawyer must show respect for the legal system and for those who serve it, including judges, other lawyers and public servants.

While it is the duty of a lawyer, if necessary, to challenge the integrity of the official act, it is also the duty of a lawyer to maintain the judicial process. [4] A lawyer may accept representation if the required level of competence can be achieved through appropriate preparation. This also applies to a lawyer who is appointed as a lawyer for an unrepresented person. See also Rule 6.2. [17] In addition, for the purposes of establishing the authority and responsibility of counsel, substantive law principles outside of these rules determine whether there is a client-lawyer relationship.