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Legal Professional Conduct
Siužetinės Linijos Tekstas
- Client Introduction
- Initial Meeting.
- Client Case
- I need representation. Can you please explain the process to me...
- Of course.
- Duties as a Lawyer
- Lawyers have three core ethical duties; a duty to the court, a duty to their client and a duty to obey the law.
- Unsure?
- Lawyer DutiesDuty to ActDuty to InformDuty to obey instructionsDuty to be competent Duty to preserve client confidentialityDuty to be loyal
- Retainer
- The law imposes tortious in addition to contractual liability arising out of the retainer. Lawyers must exercise reasonable care and skill in advising clients. Failure to set up a proper retainer may result in costs being awarded against a solicitor. Fiduciary obligations are imposed in equity – a lawyer must exercise the care, skill and diligence of a reasonably competent legal practitioner under similar circumstances.
- What's the right thing to do?
- Before commencing we will need to create a retainer. A retainer is a legal services contract between a lawyer and their client. The retainer clarifies the scope of legal work that is to be undertaken, it will include the following..- Identity of both the client and lawyer. - Who will be the one providing instruction?- What services will be provided. - Scope of the lawyer's authority.Method and amount of charging.
- What do we do when we are faced with a client that we do not want to represent. How will this affect our own judgement and the reputation it will affect for myself as a lawyer and the firm in general.
- Seeking Guidance
- Sexual assault and murder of a minor.
- Lets talk through specifics of your case. What have you been charged with?
- Where do we seek guidance on such matters?
- Reputation
- Ok thank you.
- I am going to have to chat to my boss about your case and i will get back to you.
- Defendants facing serious criminal charges have no right to representation. Is this fair?The right of an accused to receive a fair trial according to law is a fundamental element of our criminal justice system. Is this fair?
- Repugnant Clients
- This client has done horrible things. They do not deserve the right to have representation.
- What about the client's right to a fair trial??
- The moral debate.
- Cab rank Rule
- Ok lets go through the Australian Solicitors Conduct Rules and think about how representing a client of this nature will affect the reputation of the business.
- Hey boss, can you please help me with something... I have a client that I'm not sure we should represent.
- Representing unpopular and repugnant clients can attract public and peer distain and affect income.
- American Law
- We have to think about the attention a case like this could bring our firm. We have a right to refuse.
- Who is regarded as a repugnant client? The answer to this question is an individual decision based on the client's goals and not necessarily the client themselves. The cab rank principle supports professional detachment.
- Duty to client
- What do you think about representing a repugnant client?
- I feel that I would struggle to represent this client to the best of my ability given my morals.
- Like cab drivers, barristers must act on a first come, first serve basis. As with pro bono work, the cab rank rule is based upon the concept that the legal profession has a moral obligation to provide legal services to those who are in need. Due to the complexity of legal work, most people engage lawyers to assist them to exercise their legal rights. It is therefore considered essential that the public has access to competent legal advice and representation.
- Duty to continue to Act
- Here in Australia, we are able to refer to a Barrister and they must take the case based on the can rank rule. When I worked as an attorney in America we do not have such rules.
- How does that differ from the rules of when you were an attorney in America
- In the United States, the general rule is that there is no duty for lawyers to accept work, except where the professional association or a court assigns them to the client. While the cab rank rule does not apply in the United States, it has a strong foundation so far as barristers are concerned in England and Australia.
- Conclusion
- In America we do not have the cab rank rule. Australian Lawyers owe their first duty to the court, in the US the client comes first to the Lawyer.
- How do these types of clients receive representation?
- A barrister must promote and protect fearlessly and by all proper and lawful means the client’s best interests to the best of the barrister’s skill and diligence, and do so without regard to his or her own interest or to any consequences to the barrister or to any other person.
- Client Conclusion
- A Barrister has a duty to their client to represent them to the best of their ability.
- The general rule is that lawyer’s contract is to finish the entire retainer. Exceptions to this rule can be found in Australian Solicitor’s Conduct Rules June 2011 Rule 13.
- If we do take on this client we must continue to act. If we breach our retainer there can be serious consequences.
- Referring of client.
- We should refer this matter onto a Barrister. I do not want to associate my law firm with this kind of client.
- No worries, I will inform the client.
- The End.
- Ok thank you.
- Here's the number for a Barrister...
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