Individual Report on Ethics in the Legal Profession in UK
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This individual report discusses the importance of ethics in the legal profession in the UK, including the difference between junior and senior lawyers, ethics to be followed by legal professionals, and a critical evaluation of the judicial system in relation to ethics.
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INDIVIDUAL REPORT INTRODUCTION...........................................................................................................................3 MAIN BODY..................................................................................................................................3 LO 3.................................................................................................................................................3 Difference between two lawyer junior and senior.......................................................................3 LO 4.................................................................................................................................................4 Ethics to be followed by legal professionals...............................................................................4 LO 5.................................................................................................................................................6 Critically evaluation of the judicial system in context to ethics and people living in UK..........6 CONCLUSION................................................................................................................................6 REFRENCES...................................................................................................................................7
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INTRODUCTION Individual report is a report that is being prepared by an individual upon a particular topic or subject. These are those reports which can be based upon the concept related for the purpose of analyzing it. Such report helps in preparing of thesis over an given topic and from law point of view makes an concept clear in mind of the student studying law. Nature of these reports is completely dependent upon the ideology used in it to justify the topic prepared by the person making the report. This report is going to be based upon ethics related to law and is going to cover difference between two types of lawyer and is it helpful for an individual or injustice is done to them. MAIN BODY LO 3 Difference between two lawyer junior and senior Senior lawyers are those lawyers who are having experienced over working within the court. Such lawyers are very much experienced within the court and have dealt with almost every situation which can affect a particular case. Junior lawyers are those lawyers that are being trained in the court about the proceedings and procedure related to it. Also lawyer who falls under this category is known as interns (Leach, Magill and Maring, 2017). They also have a positive impact upon the culture of the court because they deal with all kinds of issues which may occur during a proceeding of case. These lawyers are best known for following ethical code of conduct within the limit of their workplace. In this code all rules and regulations has been mentioned which are helpful in maintaining discipline and order within an organization or at workplace. A senior lawyer in UK is known as Barrister and junior lawyers are known as solicitor. A barrister is an post the is being offered to an senior most lawyer in UK. Only after attaining proper experience that is gained after deeply understanding the way of performing, an argument during the proceeding that has been taking place. Solicitor is the term that is being used to indicate the lawyer that is considered to be a learner and has to perform small task during the proceeding of a case. The major difference between an solicitor and Barrister is that all the internal plus complex work regarding a case is being done by him only. Whereas solicitor performs outer work that is related to a particular case. Also a solicitor is required to get himself registered to become a permanent lawyer. Barrister is that lawyer that is having license and has settled themselves as a well known legal personal. According to the UK code of ethics has been formed in order to give specific rules and regulations that has been helpful towards maintaining of balance and discipline at workplace. This rule has been decided by the members of British Psychological Society upon the basis of analysis of day to day activity of professional conduct.
Such code has to formed upon certain principals which are required to be followed and they are respect, competence, responsibility and integrity.Such code is also useful for maintaining of professionalism from the perspective of Legal system of UK. This code of conduct has been proven to be and strong law to manage behavioral activities of both solicitor and barrister. LO 4 Ethics to be followed by legal professionals There are certain standards that have to be followed being an legal professional which are being defined under UK’s ethical code of conduct. Ethics are those principles and values that has been formed with togetherness over the rules that has been conducted and laws are being regulated through professions. This can be marked within legal professionals. These are that important guidance which are there to ensure right and proper conduct under daily practices regarding law. Areas required to be covered under ethical standards are as follows: Independent, honesty and integrity has to be there to follow code of conduct. Lawyer and client relationship consist of certain duties that is required to be followed by both of them towards each other. This can be related to money and fees. Lawyer is bound to follow professional conduct in court. Lawyer is also having duty which is related to procedure of court. Certain code of conduct is required to be followed between two lawyers that is ncalled gesture. Ethical standard is required to be developed through legal profession in order to ensure that independence of profession should be there. Standards have been usually derived from domestic legislation but are going to consists within international and regional standards (Palat, Saint Pierre and Delhomme, 201. If a lawyer does not adhere over and promotes principals of justice, fair and equity has to be maintained. Also the law has brought disrupt and trust of public confidence within the law that has to be undermined and has hinder access over justice. That is why legal professionals ha an huge responsibility within the society as the upholders of the rule of law. Also is responsible for protecting of rights that are being given to an individual and right against abuse of power. A profession’s collectiveness reputation is very crucial over the confidence it inspires. Also reputation of an legal profession has to be linked upon how public views its administration of justice. There is no public confidence within the legal profession and trust within the justice system is undermined. Lawyer-Client Relationship
The lawyer and client is having relationship over various aspects. These aspects are being explained as follows: Competence and Professionalism:Competent representation has to acquire all kind of knowledge, skill, thoroughness and preparation which is responsible over reasonable necessary for an client to be represented.Promptness and diligence should be there in a lawyer. Also he should never accept the work which he cannot do with competency and in time given for it. Client Care:This type of relationship between a lawyer and client is on contractual basis. Lawyer is bound to have obligation to its clients but certain ethical principals are required to be followed by the lawyers towards its client and they are as follows: Client is required to be treated in fair manner without any baseness. Ensure resources and ability are there in the lawyer and he is giving right advice in timely manner (Smith, Alkozei and Killgore, 2017). Also client should be made aware about his right to launch and complain in particular manner. Agree over the matter that is to be conducted and updating about the changes that has taken place in a case. The client is able to understand all logic behind the advice that is being given by lawyer to him. Confidentiality:An established ethics is very helpful in turning a legal professional into privilege. Lawyer is having an duty over keeping affairs of their client under confidential circumstances which is able to disclose an client’s information in strict manner. LO 5 Critically evaluation of the judicial system in context to ethics and people living in UK As it is a known fact that legal system of UK is considered to be one of the most complex one and has lot of flaws which has made it less modern and flexible according to modern laws. Ethics are the most important thing that has to be maintained by the professional of law in UK and these have been proven to be a boon to people in UK. Stills there are creation negative aspect like if a person is rich then he gets first preference and if he is poor then the lawyer does not listen to him. To solve this a issues legal aid has been established in court of UK which has made justice possible to reach to poor also (Welbourn and et. al., 2018).
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CONCLUSION From the above report it can be concluded that ethics are very important part of an organization and is require to be followed by legal professional in UK. Then Solicitor and Barrister have been explained also main difference has been covered between them. Then ethics to be followed by a lawyer towards client has been explained. In the end of the report critical evaluation is done over the ethical code of conduct.
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Welbourn, R. and et. al., 2018. Bariatric surgery worldwide: baseline demographic description andone-yearoutcomesfromtheSecondIFSOGlobalRegistryReport2013– 2015.Obesity surgery.28(2). pp.313-322.