Ethical Duties Owed by Lawyers

By Silvio Auditore

these are commonly referred to as ethical duties. These ethical codes of conduct are to be found in the relevant Professional Conduct and Practice Rules enacted under State Legislation.

These Rules oblige lawyers to:
  • Act in accordance with the general principles of professional conduct.
  • Fulfil obligations in relation to the administration of justice.
  • Supply legal services of the highest standard, unaffected by personal interest.

    Lawyers’ duties are owed in these broad categories:

    1. Duty to the Law:

    Lawyers are an integral part of the administration of justice in our legal system. They must at all times act within the law and uphold the law when engaging in their occupation.

    2. Duty to Client:

    Lawyers must:
  • Act "honestly and fairly in clients' best interests and maintain clients' confidences"
  • Act with due skill and diligence, reasonable promptness and courtesy
  • Maintain a client’s confidences and avoid conflicts of interest
  • Communicate effectively and promptly with clients
  • Follow a client’s instructions

    3. Duty to the Court:

    Lawyers must:
  • Act with honesty, integrity and candour
  • Correct any statement made subsequently discovered to be wrong
  • Ensure that a client is aware of his/her ongoing duty of full and frank disclosure
  • Draw the attention of the court to all relevant authorities in a case
  • Comply with undertakings

    Lawyers must not:
  • Mislead the Court
  • Abuse the Court’s Processes (e.g. continuing with court proceeding found to be wrongly conceived)
    ·
  • Coach a witness

    There is also an obligation on Lawyers to be fair and candid in dealings with their legal opponents. For example, a Lawyer must not represent to another a statement, which they know to be untrue.

    Ethical Dilemmas

    Ethical dilemmas come about when there is a conflict between the various duties owed. Resolving ethical dilemmas is sometimes difficult and lawyers are urged to seek counsel from their governing professional bodies (Law Societies) when unsure of what to do.


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