Roles of Legal Profession

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14. Lawyers shall endeavour, within the framework of the protection of the rights of their clients and the cause of justice, to ensure respect for human rights and fundamental freedoms recognized by national and international law and shall act at all times freely and conscientiously, in accordance with the law and the recognized standards and ethics of the legal profession. Historically, this was the first legal specialization. In civil law countries, it is often a lifetime career. In the common law legal system, on the other hand, judges are recruited from among practising lawyers. (a) advise clients on their legal rights and obligations and on the functioning of the legal system, insofar as this is relevant to clients` legal rights and obligations; 21. It is the responsibility of the competent authorities to ensure that lawyers have timely access to appropriate information, records and documents in their possession or control so that they can provide effective legal assistance to their clients. Such access should be granted as soon as possible. Finally, we briefly discuss ways in which key business law departments, law firms and law schools can work together to meet the needs of young lawyers, meet the needs of the legal system and society, bridge the gap between profession and faculty, and develop better information about lawyers and the legal profession at home and abroad. It sets out next steps, including seeking brief written commentary from leading thinkers to be published early next year, and holding a conference to discuss the issues raised in this essay and in the commentaries at Harvard Law School in the first semester of 2015.

The conclusion of the International Bar Association rightly stresses the need to support the independence of the legal profession, but at the same time it affirms that no State is in a position to tolerate the full independence of the legal profession and any other profession in modern society. 11. In countries where there are groups, communities or regions whose needs for legal services are not being met, particularly where these groups have different cultures, traditions or languages or have been discriminated against in the past, Governments, professional associations of lawyers and educational institutions should take special measures to enable applicants belonging to these groups to have access to The legal profession: And they should ensure that they receive an education that meets the needs of their groups. Thirdly, we are discussing corporate law departments. Due to the significant trends of recent decades – with General Counsel becoming Senior Counsel to boards of directors and CEOs and the transfer of power over money and affairs from outside law firms to in-house legal departments – General Counsel and in-house counsel have a special obligation to give practical meaning to the four responsibilities of large corporations. The general theme of this part is that the goal of corporations, especially transnational corporations, is to merge high performance and high integrity. Integrity is defined as ensuring compliance with formal rules, establishing binding ethical standards, advocating for balanced public policies and fair political processes, and communicating the values of honesty, openness, fairness, reliability and reliability to employees. The General Counsel should also have a broad scope beyond the law to include ethics, reputation, and geopolitical risks, and should act as an expert, advisor, and leader to assist the board and officers in establishing a culture of integrity in the institution. The General Counsel and all in-house counsel should strive to be “statesman-counsel” who first ask “is it legal” but ultimately “is it fair”, and who can resolve the central tension of being both a partner of the entrepreneur and the ultimate guardian of the integrity of the company.

In-house lawyers have a special vocation to discover, analyze and recommend actions relating to both firm employees and other stakeholders that go beyond formal legal and accounting requirements and address the many ethical issues facing global businesses in challenging environments. Finally, in-house counsel need to recognize that they share responsibility – and the obligation to share costs – with companies in order to provide young lawyers with stimulating experiences and training. They must also exert their influence (e.g. through new provider policies) to encourage law firms to partner with businesses to address key issues such as pro bono service delivery, diversity, and necessary reforms to the legal system at home and abroad by making these issues important considerations in business retention. [9] However, in the nature of legal practice, conflicting responsibilities collide. Virtually all difficult ethical issues arise from a conflict between a lawyer`s responsibility to his or her clients, the legal system, and his or her own interest in remaining an ethical person while earning a satisfying life. Rules of ethics often prescribe the conditions for resolving these conflicts. Within these rules, however, many difficult questions of professional discretion may arise. These issues must be resolved by sensitive professional and moral judgment, guided by the fundamental principles of the Regulation. These principles include the lawyer`s duty to protect and pursue a client`s legitimate interests within the law, while maintaining a professional, courteous and civil attitude towards all persons involved in the legal system.

[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. Key Duties: A paralegal is responsible for assisting litigators in preparing for court proceedings. They draft documents, perform administrative tasks, interview witnesses and conduct additional research before trial. According to the overarching principles of modern law, the principle of independence, one of the few possibilities required today for a person`s rights and freedoms to become valid grounds for legally significant acts is their recognition as legally significant and, in this regard, legally sufficient acts for judicial bodies (courts).

It is a court that operates within the framework of due process, in its place in the legal system, by virtue of its status and capabilities, in accordance with the principle that we envisage, should directly determine the legal consequences according to the established order in the judicial system, the established facts – the situations that require a legal response, and thus constitutional rights and human and civil liberties as such can be considered direct. The legal basis for legally important decisions applies only to one court. The obstacle to the mechanism for the protection of the rights and freedoms of an individual and a citizen is one of the means of self-limitation of State power through the creation and active functioning of an independent human rights institution, which is an active actor in the process of implementing the most important constitutional function of the State — the realization and protection of human and civil rights and freedoms. The constitutional and legal status of the legal profession enables it to actively guarantee the rights not only of each individual, but also of civil society as a whole, in order to effectively implement the State`s human rights function, ensuring appropriate interaction in the activities of government agencies and civil society. As an active participant in the law enforcement mechanism, which occupies an independent place in the judicial system, a legal profession fulfils (should be) an important public oversight function in this area. [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. And this involves the recognition of existing legal principles and mechanisms that express enduring and indestructible legal ideals and values (Carey, 2018).