Role of a Lawyer in Dispute Resolution and Arbitration

This essay critically discusses the role of a lawyer in dispute resolution and arbitration, exploring their responsibilities, duties, and the challenges they face. It also examines the passion and dispassion in the legal profession.

Running head: DISPUTE RESOLUTION AND ARBITRATION
DISPUTE RESOLUTION AND ARBITRATION
Name of Student
Name of University
Author Note

1
DISPUTE RESOLUTION AND ARBITRATION
Introduction
This essay will critically discuss in detail the role of a lawyer in the representation of
their clients and further discuss whether the profession is passionate or not. Legal profession can
be described as the science distinguishing between right and wrong and teaching to establish the
one and punishing for the other. A legal profession can be stated as an independent profession
that does not hesitate in condemning for tyranny or injustice. A lawyer can be defined as a
person practicing law in the role of an advocate, attorney, barrister, counsel, solicitor, a
counselor or a public servant.
Role of a Lawyer
A role of a lawyer can be seen to be varying across legal jurisdiction. A lawyer can be
said to be the client’s representative and an officer for the legal system who can be seen to be
especially responsible for justice. An attorney or a
lawyer can perform different duties. A lawyer as an advisor would
provide an informed understanding of a client’s legal obligations and rights
and explains practical implications of those obligations
to the client. As an advocate, an attorney passionately asserts the position of the client under the
adversary system rules. As a mediator between clients, an advocate tries to seek reconciliation
between their difference in interests as an advisor and, to a certain extent, as a
spokesperson of each of the clients.
As a neutral third party, a lawyer does not represent any party, but helps the

2
DISPUTE RESOLUTION AND ARBITRATION
said parties reach their own solutions. As an evaluator, an attorney examines the legal affairs of a
client and reports to the client or others about them.
A lawyer should be prompt, capable, and diligent in all professional functions. A lawyer
should maintain a representation communication with a client. Unless disclosure is mentioned as
a requirement or has been permitted by the Rules of Professional Conduct or any other law, a
lawyer should keep to himself any confidential information in relation to a client's representation.
As a public citizen, a lawyer should try to improve legislation, administrate justice, and
the performance of legal profession's service. As member of an apprenticeship industry, a lawyer
should be cultivating law understanding beyond the use of it for customers, use that
understanding in law reform, and operate to enhance legal profession. A lawyer is needed to be
aware of deficiencies that are present in the administration of justice and further the fact that
people who are poor, and sometimes even the people who are not poor, are not able to be
affording necessary legal assistance and should therefore devote their professional time and civic
influence on behalf of the people. A lawyer should be assisting the legal profession to achieve
these goals and assisting the bar to conduct itself in the government sphere.
The responsibilities of a lawyer as a client representative, a legal
system officer, and a public citizen are usually harmonious.Thus; a lawyer can be a passionate ad
vocate on behalf of his clients when opponent parties well represent
themselves and at the same time assume that justice has been done. So a lawyer also need to be
sure that preserving client confidences usually serves the public interest because people are more
likely to be seeking advice regarding legal matters and in furtherance heed their legal obligations
when they know their conversation would be kept private.

3
DISPUTE RESOLUTION AND ARBITRATION
In the Rules of Professional Conduct, as well as procedural and substantive law, many of
the professional responsibilities of a lawyer are prescribed. However, in the practice of law
responsibilities of conflicting nature can be found. Virtually all the difficult ethical issues are
seen to be rising from the conflict between the responsibilities of a lawyer towards their clients,
the legal system, and the interest of the lawyer to remain upright while earning a satisfactory
living. The Professional Conduct Rules prescribe terms for such conflict resolution. Many issues
of professional discretion that are not easy may be rising within the framework of these Rules.
Such issues must be resolved by exercise of sensitive moral and professional judgment based on
the fundamental principles that underlie within the Rules.
Most of the legal profession can be seen to be self-governing. Although there are other
professions that have also been given self-government powers, yet due to the close relationship
between the profession and processes of government and law enforcement, the legal profession
can be said to be unique in this respect. This connection has been shown by the fact that the
authority of the ultimate nature over the legal profession lies largely in court.
The opportunity for government regulation is obviated to an extent that lawyers fulfill the
obligations of their professional calling. Self-regulation also helps to maintain the legal
profession’s independence from the rule of government.
Special self government responsibilities are carried with the legal profession’s relative
autonomy. It is the responsibility of the profession to ensure that its regulations should be
conceived in the interests of the public and not in support of the bar's self-interested concerns.
Each lawyer can be held responsible for compliance with the Professional Conduct Rules. A

4
DISPUTE RESOLUTION AND ARBITRATION
lawyer should also help to ensure that other lawyers comply with them. Neglect of these
responsibilities jeopardizes the profession's independence and the public interest it serves.
Lawyers are seen to be playing a vital role in society's preservation. To fulfill this role,
lawyers need to understand their relationship with the legal system. If the Rules of Professional
Conduct are properly applied they can be seen to serve for defining that relationship.
Professional behavior rules can be defined as rules of reason. They are needed interpreted
with reference to legal representation purpose and law itself. Some of the Rules can be seen to be
imperatives, cast as "shall" or "shall not" terms, which define proper conduct for professional
discipline purposes. Others, generally cast under the term "may," can be categorized as
permissive and can further be seen to define areas under the Rules where professional discretion
is held by the lawyer. When a lawyer chooses to act or not to act within limitation of such
discretion, any disciplinary action should not be taken. Other Rules define the nature of the
lawyer's relationship with others.
A lawyer has certain duties to the client. They are:
 To act in the best interest of the client
 Behave in an honest and courteous way in course of the all dealings of the legal practices
 To deliver legal services in a competent, diligent and prompt way as reasonably as can be
possible
 Avoiding any compromise in relation to integrity and professional independence
 For assisting the clients providing to them clear and timely advice

5
DISPUTE RESOLUTION AND ARBITRATION
 Following lawful competent and proper instructions of the clients
 Avoiding conflicts of interests
 Maintaining the confidence of the client
 In case of any cost change or update, disclosing the information to the client
 Honoring undertakings that have been given in the ordinary course of legal practice1.
Criticism of the roles of a lawyer
It should be realized that different roles are played by the lawyers many of which can
only be seen by the people directly benefitted from the services of the lawyers. The drama of a
court room can be said to be no less important than seen in the films and novels and can be stated
as far more prolific on which both the business and government depends.
Secondly the roles of lawyers vary among different countries. Different countries have
different legal systems, rights, obligations and duties. Even among the same legal systems roles
of the lawyers might differ.
Thirdly it should be noted that the role of the lawyers are significantly changing in almost
every society. The nature of the legal services, new structures of cost, of the delivery models of
new legal service, greater flexibility in working practices and various other factors threaten the
nature of legal practice.
1 Lawsociety.com.au, "Solicitor's Duties To Clients | The Law Society Of NSW", Lawsociety.Com.Au (Webpage,
2019) https://www.lawsociety.com.au/for-the-public/going-court-and-working-with-lawyers/solicitor-client-
relationship/solicitors-duties-to-clients

6
DISPUTE RESOLUTION AND ARBITRATION
Fourthly, the vital role that is often played by the lawyers for the promotion, preservation
and protection of the rule of law in society should be mentioned. Lawyers are process masters
and for their protection, processes of the democratic government need a vigilant legal profession.
History is full of examples of lawyers bravely speaking truth about power, especially when that
power has gone beyond the boundaries of law.
Fifthly, for the promotion of the human rights and for the protection
of the environment, lawyers also play an important role. Effective
communicators are excellent lawyers. They deploy language in both oral and
written form for drafting detailed documents that enable transactions to be
carried out with confidence and clarity as to who is doing what, by when, and
under what circumstances. Literally, such communication can be said to be
what makes the world go round.
Sixthly, it needs to be acknowledged that while it is needed to be kind
to the professionals working together, this cannot be said that in the legal
profession everything is all right. The reality is this case is, unlike most
expenses in other business, legal expenses have always remained high.
Many people are unable to afford an attorney. Many people who feel
confused by the lawyer’s strange language and high degree of formality also
remain alienated by the law. Males from the elite classes of society who are
considered representatives of society as a whole continue to dominate the
legal profession and the judiciary. The law is becoming increasingly behind

7
DISPUTE RESOLUTION AND ARBITRATION
technological advances and can be seen to become slow to change, thus
becoming an obstacle to addressing many of the problems facing society.
Seventhly, Not only is the role of a lawyer not understood by people,
but lawyers are regarded with lower respect by many members of the public.
In example it can be said that the lawyers have done even a poorer job in
comparison to the accountants in providing evidence and advocating the
value they brought to add to their clients and society as a whole.
Passion and dispassion in the Legal Profession
In the last few decades a number of new disciplines of legal practices have gained rapid
visibility, acceptance and popularity. These disciplines are being represented by emerging or
alternative forms of law practice, dispute resolution and criminal justice. The main trajectories of
this movement are collaborative law, justice of holistic nature, preventive laws, courts for
problem solving, procedural justice, restorative justice, therapeutic jurisprudence, transformative
mediation. Two common factors unify the trajectories as a movement firstly each recognizes the
potential of law as agent of positive interpersonal and individual change seeking positive result
and second each of these trajectories integrate and value the concerns of factors that are beyond
legal rights and duties like goals, morals, values, personal wellbeing, psychological matters,
community wellbeing. Law as a profession of healing has great potentials of addressing the
‘tripartite crises in the legal profession regarding deprofessionalism, low public opinion of
lawyers and distress of lawyers. As a healing profession law could make the legal system for the
clients, lawyers and judges a place with more inspiration, humanity and hospitability.

8
DISPUTE RESOLUTION AND ARBITRATION
The normative elements of appraisal of a case are not easy to be described. It can be
partly described as calibration of the level of contextual social outrage and partly the location of
particular instance of crime on a moral spectrum, and partly it can be described as reflection of
customary level of punishment. Although the process of evaluation is said to be adjudicative as
distinct from adversary it is criticized by many that the process should be performed by members
who have been detached from zealous advocacy. Another aspect of prosecutor’s responsibility
will be found to be emerging that is at the pre-adversary stage a prosecutor should be schooled in
neutrality. Neutrality can be said to be putting the prosecutor in the position of advocate of all
people.
In the American criminal justice system the prosecutor is not only a lawyer assigned for
the representation of the interests of the government but he is a public official elected to exercise
executive authority. All the lawyers in American justice system enjoy independence in
exercising discretion. The system of criminal justice in America follows the pristine paradigm of
three sequential and interwoven phases. The first phase is the commencement, second phase is
the investigation and trial preparation and the third phase is adversary encounter.
Conclusion
It can be possible to be both passionate and dispassionate at the same time. In pursuit of
elusive veils of suspicion it is expected from a dispassionate investigator to maintain initiative.
To destroy the untenable and honor the tenable an open mind is required. A prosecutor is needed
to be considering the just disposition of the case by agreement. The role of the prosecutor can be
seen as a gladiator mind set on the public exposure of skills. It is quite difficult to sustain the
detachment of an adjudicator from the commitment of an advocate.