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Breach Of Ethics Assignment Sample

   

Added on  2021-04-17

10 Pages2496 Words178 Views
Running head: BREACH OF ETHICSBreach of EthicsName of the StudentName of the UniversityAuthor Note

1BREACH OF ETHICS1.The relevant Act, regulation, common law principle and case law:Rules of Professional Conduct of the UK are the code of conduct for ethics that has beengoverning the rules of professional conduct.InB & Anor V Secretary Of State For The Home Department & Anor [2012] Ewhc37701it was held by the Court that an advocate is at the authority to carry on various ethicalresponsibilities in relation to practical law. It is essential on the part of the legal practitioner todivide the concerned ethical responsibilities that he is ought to provide to the Court and to hisclient. In case of breach of ethical obligations on the part of the advocate the client is at theauthority to bring civil proceedings against him. For instance, an action for negligence can bebought against the legal practitioner for breach of ethics. InOrchard v S E Electricity Bd[1987] QB 565, 5712 it was held that the there has beenconflict of interests between the client and the legal practitioner. The legal practitioner is at theobligation to act in good faith by disclosing his interests associated with the matter. Therefore inthe present scenario, it can be observed that Mr. Smith was negligent on his part as he did notattend the court proceedings on time and did not produce the relevant documents required for thepurpose of the case. Mr. Smith even failed to attend the extensions. Therefore, it is obvious thatthe order was passed on the favor of Mr. Dan due to negligence on the part of Mr. Smith.Therefore, it can be advised to Mr. Smith that he should present an application to the High Courtof FSM for further appeal. However, it can also be seen that there has been conflict of interestsbetween Mr. Smith and his legal practitioner. Therefore, in such cases the legal practitioners are1 [2012] Ewhc 3770.2 [1987] QB 565, 571.

2BREACH OF ETHICSliable for breach of ethics on the part of their client. Therefore, in the present case study it can bestated that due to negligence on the part of Mr. Smith his solicitor Mr. Steele is also equallyliable. 2.Contravention of Legal Ethics:A professional code of legal ethics is written and is purely based on the nature of theprofession. In this regard it is important on the part of the professionals to adhere of the specificrequirements of such written professional code of legal ethics. The code of legal ethics can bebreached in different ways however; the most important among them are as a result of conflict ofinterests, pressure of clients and confidentiality3. However, in the given case study it can beobserved that a breach of legal ethics has taken place on the ground of conflict of interest. It is evident that a lawyer is bound to provide fiduciary duties to his client along with allthe relevant responsibilities4. In this regard, the advocate should avoid conflict of interests whichmay arise between him and his client in the course of business. However, conflicts of interestsusually arise when legal and disciplinary actions occur. In breach of ethics, conflict of interestscan be resolved when both the client and the advocate works accordingly5. It is important on thepart of both the client and the advocate to balance two different public interests. In this regard,the client must have confidence upon his lawyer and at the same time the advocate must have thefreedom to give instructions to his client regarding the case. 3.Role of the legal practitioner in order to avoid ethical contravention:3 Hill, Lousie Lark. "The Preclusion of Nonlawyer Ownership of Law Firms: Protecting the Interest of Clients ofProtecting the Interest of Lawyers."Cap. UL Rev.42 (2014): 907.4 Throop, C. Jason. "Moral moods."Ethos42.1 (2014): 65-83.5 Toohey, Timothy J. "Beyond Technophobia: Lawyers’ Ethical and Legal Obligations to Monitor EvolvingTechnology and Security Risks."Richmond Journal of Law & Technology21.3 (2015): 9.

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