Professional Legal Skills

This study explores the concept of ethics and the duty of lawyers to work ethically. It discusses duty of care, legal ethics, and professional code of conduct. The objective is to emphasize the importance of ethics in maintaining professional standards and securing the interests of parties in the justice system.

PROFESSIONAL LEGAL
SKILLS

ABSTRACT
In this study, the report is covered with the matter relating to the concept of ethics and
also the duty of the lawyers to work under the ethics. Under this report, it also discussed
regarding the matters relating to the duty of care and legal ethics and professional code of
conduct. As the role of lawyers is examined regarding carrying the fiduciary relationship with
the client and also maintain confidentiality and honesty at work place regarding not sharing any
information without the consent of the clients. It has also discussed regarding the moral values
and norms which is to be carried by the lawyers in respect of providing any decision to the
parties. Various theories of ethics are stated such as positive theory and morality theory which
indicates that lawyers had to take the neutral decision. Thus, the objective of conducting this
essay is that ethics are the main priority which is to be carried by the lawyers so that they can
maintain the professional level and also secure the interest of the parties in the justice legal
system.

Table of Contents
ABSTRACT.....................................................................................................................................2
INTRODUCTION...........................................................................................................................4
LEGAL PROFESSIONS.................................................................................................................4
CONCLUSION................................................................................................................................8

INTRODUCTION
Legal profession refers to such profession which is mainly followed under the rules or
regulation imposed by the government. The main purpose of law in the society it to secure the
right of the citizens and also binds the public authorities to work under the set norms. The legal
professional carries various powers and also attains duties which they had to used to provide
justice to the convicted party who are claimed for committing any illegal activity. In this report,
the matter is carried by maintaining ethics which is one of the major duty of the legal
professionals.
LEGAL PROFESSIONS
Ethics are the values and norms which is to be carried by every person who are engaged
in country or dealing with each other relating to any matters. Ethics are to be maintained in the
form of honesty or integrity of the individual or carry the fiduciary relationship with the clients1.
The fiduciary relationship refers to taking care of the clients, protecting the information which
they shared with them or providing accurate information regarding any issues which arises in
case. In case of lawyers, they had to gather the relevant information which helps in resolving the
cases without harming any person status. The decision which is given by the lawyers had to take
care of the human rights of the person regarding not providing any decision which violated any
of the fundamental right and duties.
Lawyers ethics refers to such ethics which they had to carried during attaining their duty
such as in courts, they had to power to investigates any document or inspect any places and thus
liable to provide justice to the parties2. Legal profession's duty is to maintain the fiduciary
relationship with the clients and also act in favour of the providing the fair decisions. As it is
examined that the role of lawyers is not limited to the court, but they also had to initiated their
integrity through providing the fair judgement when the issues are to resolved from out of courts.
Usually legal profession motivate the person to take their own decision instead of taking help
1 Jones, D., 2020. The intrinsic value of formative assessment and feedback as learning
tools in the acquisition and improvement of a practical legal skill. The Law Teacher.
pp.1-12.
2 Davis, K. K., 2016. Rhetorical Criticism as Essential Legal Skill: Some Thoughts on
Developing Lawyers as' Public Citizens'.

from them to resolve the matters. In context of understanding the role of ethics in legal
profession, it is mainly undertaken through working under the rules and regulation which is
imposed under the laws.
The ethics are the morality which is to be carried by the legal professionals in respect of
respecting the person moral values and standards regarding providing any decision. This
judgement is mainly supported by less lawyers when the question is raised Vaughan and Oakley
when they conducted the interviews from the 57 lawyers. Most of the suggestion are given in
favour of compliances in law which is relevant to the professional ethics3. But only 33% referred
their judgement on the bases of morality as they stated that ethics refer to the morality or values.
Lawyers professional duty is to obey the rules and regulation which is mentioned under
the laws. Thus, in this, the ethics are to be carried regarding interpreting such laws at right time
and at right directions. If the lawyers is performing their duty in the court, they had to obey the
decision which is given by the judges or any senior authorities regarding attaining any task as per
the set norms. In this the ethics are reflected through working as per the set direction which is
designed for them by their senior officers4. The another duty which is examined is relating to the
avoiding the conflict of interest. As lawyers role is to provide justice to the parties through
collecting the fair evidences and also if they are interacting with any person, then authentic
language are used to gather the relevant data. Thus, in such manner, ethics are to be maintained
regarding using accurate languages and also respecting their norms and culture in respect of
collecting the information5. It is also stated that lawyers mainly work for building the personal
status and fame in the society, but they not deal in such work which affects the rights and duties
of person to live freely in country. In such aspect, ethics is to be maintained regarding working in
3 Lewinbuk, K. P. and Gilbert, C., 2016. Law Student Heal Thy Self: Teaching
Mindfulness as a Legal Skill. J. Legal Prof. 41. p.37.
4 Martin, A. F., 2018. Orphans No More: A Review of Elizabeth Sanderson, Government
Lawyering: Duties and Ethical Challenges of Government Lawyers.
5 Luengvilai, C. and Yodmongkol, P., 2016. Mediation Game When the Conflict Can Be
Fun to Learn--A Legal Skill Learning Tool: The Integration of Knowledge
Management, Learning Theory and Serious Game Concept. International Education
Studies. 9(5). pp.219-234.

right direction regarding securing person interest and also maintaining their confidences in legal
system.
Legal ethics is mainly carried by two theories such as theoretical legal ethics and
professional bodies. This is stated that the in case of theoretical legal ethics which is related to
the positive law is mainly based on the common law or case law. It varies from time to time or
also the changed due to changes in time6. As this theory are mainly resulting to successful as the
nature of the theory depends on the facts which is undertaking in the court. Thus, the norms and
values under ethics are to be positive and also the lawyers apply such theory in right manner7.
The focus of this theory is to be on clients and thus the lawyers had to work on the public
interest. The matters related to common law refers to the body of laws or the rules which they
can refer from the previous cases. It is stated that such laws are not mainly written in the
constitution but the professionals are obliged to perform such rules in better way. In this theory,
it also indicated that morality not mainly indicates that the laws are lawful but also it sometime
voids the norm which is mentioned in the laws8. It is suggested with the three basic rules such as
the first rule indicates the principle of the Partisanship in which he solely responsible to manage
the interest of the clients and also work as per the set direction which result in providing justice
to the clients.
The another rule which is indicated as the principle of the neutrality which indicates that
if the disputes arise between the person, the judgement is not given on the bases of viewing the
morality of the single person but the decision given is to be equivalent to both the persons. The
decision in these aspects, it not reflected through the morality but to take right decision which
provide justice to both the parties in respect of facing any disputes9. The third principle is
relating to the principle of the non accountability in which the lawyers are not accountable to
6 Bala, N., Hebert, P. and Birnbaum, R., 2017. ETHICAL DUTIES OF LAWYERS FOR
PARENTS REGARDING CHILDREN OF CLIENTS. Canadian Bar Review. 95(3).
7 Geurts, R. and et.al., 2017. Assessing threats of violence: Professional skill or common
sense?. Journal of investigative psychology and offender profiling. 14(3). pp.246-259.
8 Sheehan, W. B. and et.al., 2020. Improving the interpretation of skill indicators in
professional Australian Football. Journal of Science and Medicine in Sport.
9 Lussier, R.N. and Hendon, J.R., 2017. Human resource management: Functions,
applications, and skill development. Sage publications.

commit any such crime which is affects the right of the person. As if they support the criminal
regarding nit committing any crime in near future but after few days they commit the crime, then
they are accountable to commit breach with their ethical duties.
In case of professional code of conduct, the lawyers must follow all the norms and
standards and also had to work under the moral values and duties while dealing with the clients.
In case of facings any conflict between the person or committed any breach in business, the cases
are referred to the lawyers which are liable to inspect the matters or also investigate the
documents and then present the case on behalf of that person10. In such manner, the code is to be
maintained regarding working ethically in the society and thus, protect the rights of the person
regarding providing the fair decisions.
Thus, from the above discussion, the matters reflects the study related to the legal ethics
which is to be carried by the legal professionals such as judges and lawyers regarding working
under the code of conduct. It also stated that they carry various duties which are to be followed
in respect of securing the right of the person such as maintaining confidentiality regarding the
information which they provided or guiding the matters with honesty, so that they can use
accurate way to resolve the disputes11. In this study, it also reflects the matter relating to
understanding the theory of the ethic and how they are applied in the legal profession to work in
the right directions. In case of positivism theory and morality theory, they are mainly different
from each other but the main motive behind such theory is to provide neutrality in the decisions.
As every person has some perspective of resolving the matters and thus they appoint the best
lawyers to resolve the matters. In such matter, if the case is judged though morality, than it
results in not taking the right decision12. Every person is equal in the eyes of law and thus they
carry the equal opportunity to get justice from the legal professionals.
10 Dudovitz, A. and Lyons, K., 2017. Integrating Quick Classroom Exercises that Connect
Doctrine and Skill and Still Allow You (and your students) to Sleep at Night.
11 Co, E., 2019. Teaching Cultural Competence as a Fundamental Lawyering Skill. Legal
Writing: J. Legal Writing Inst. 23. p.4.
12 Cooper, J. and et.al., 2016. Addressing perceived skill deficiencies in student affairs
graduate preparation programs. Journal of Student Affairs Research and Practice. 53(2).
pp.107-117.

CONCLUSION
From the above study, the essay concludes the matters relating to the ethics which is to be
adapted by the lawyers professional while performing their duty regarding providing the justice
to the persons. The role of the lawyers are unique and thus carry various powers and duties to
work under the rules and regulation which is imposed by the government and take the right
decisions. It is also discussed regarding various ethical theory which is adapted in respect of
treating every person equally and carry equal right to get justice in case of any conflict raised
with any of the person.