Professional Legal Skills: Ethics and Duties of a Lawyer

This document explores the extent to which ethics relate to a lawyer's professional duties. It covers topics such as legal ethics, professional duties of a lawyer, and the professional code of conduct. The role of a lawyer in maintaining ethics and the relationship between morality and ethics are also discussed.

PROFESSIONAL LEGAL
SKILLS

Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
To what extent do ethics relate to a lawyer’s professional duties?.............................................1
CONCLUSION................................................................................................................................4

INTRODUCTION
Professional legal skills are those kinds of skills which are important to be followed by in
an order to start a legal career as a lawyer or an advocate. This involves those types of skills
which are related to drafting, pleading and consulting. Skills of these nature is very important to
be developed in a law student. Main objective of this is to make a law student aware about ethics
which he needs to follow when he enters in professional world. In this file things that are to be
covered is legal ethics, professional duties of lawyer and professional code of conduct.
MAIN BODY
To what extent do ethics relate to a lawyer’s professional duties?
A lawyer or an advocate is the person who is responsible towards its client and makes
him or her reach towards justice in his/her case. Lawyer are bound by a social obligation and an
oath due to which they have to listen to their client and advise them in every manner possible.
This is also important to follow by a lawyer as he is a professional and trust is shown by client in
them. Lawyers are also important because of their vulnerable knowledge about subject. A good
lawyer uses his knowledge in a way that, he is able to please interest of client1. Lawyer is
required to be a good listener and should hold concrete knowledge of particular law to be
covered in a case. Trust and vulnerability created between a lawyer and client helps in creating
of moral and ethical conducts. This results in justification of a professional’s duty.
Ethics are required in every profession because they set up discipline and decorum that is
be followed in professional world by professionals. These are there to help in formation of both
fiduciary and ethical relations between a professional and his client. These ethics are also
present in the field of law that creates a moral or social obligation for a lawyer to act in interest
of his client2. These are very important and is mandatory to be followed by lawyer and interns
for maintaining ethics of professional nature. These ethics and duties are there for helping a
lawyer in maintaining itself in fort of court and following confidentiality with its duties towards
its client. These ethics are in theoretical and professional forms. In theoretical form it is
1 Alexander J. Preiss, 'New York's Toxic Justice For The Ecuadorian Oilfields: Corporate
America Dumps On Ecuador's Indigenous People, Argues Alexander J. Preiss' [2014] Socialist
Lawyer.
2 Henry Dicks, 'Environmental Ethics And Biomimetic Ethics: Nature As Object Of Ethics And
Nature As Source Of Ethics' (2017) 30 Journal of Agricultural and Environmental Ethics.
1

explained in positive philosophy. These ethics are there to help in performing legal ethics and
code of conduct in smoother manner. It helps in formation of a basic framework which provides
a platform in maintaining discipline and order in an office or any professional place. A lawyer is
there to portray his skills and knowledge which he uses in a case. There are certain duties which
are to be covered under these ethics and these are first explained with context to corporate law.
To deal with issues related to corporate lawyer which is hired is known as 'corporate
lawyer'. These lawyers are hired by a company to deal with all issues which are accruing in a
company. Lawyer of this kind are required to act within dignity of ethics. Problem with ethics in
this kinds of profession is that their scope is small or of narrow nature. These ethics creates a
problem in providing an impact which is necessary to be impactful in society for a corporate
lawyer. Lawyers of such Calabar is either an in house lawyer for a company or a bigger law firm
in which the company is client. Work of these lawyers are very important in a commercial law
firm because of their impact over a society. It creates an environment which increases relevancy
of lawyer in an ethical manner. Any decision which is violating basic ethics is going to reduce
trust over a corporate lawyer. Any scams or anything of this sort happens in a company all
questions are asked to lawyers and other professional. Also role of lawyer is also doubted in such
cases. So it is important for a lawyer to follow ethics of a corporate law in order to maintain it
dignity.
'Role of lawyer' a role in any kind of profess is formed by keeping in mind the moral
values of a profession. It plays and important part is analysing of usage of morality while
performing any function under this role. In a profession like law morality depends upon situation
which is accrued because of case. Morality is defined in case of a lawyer is defined through his
acceptances towards its ethics. The ethic of lawyer covers interpretation an of a law to its client
in appropriate manner and if he fails to do so then violation of ethics occurs on his part. Any kind
of ethical consideration is to be taken in consideration only when a law is interpreted in such a
manner that it has created negative effect over society and client. Role of a lawyer is a very
important because it helps them in maintaining their dignity and moral3
3 Taimour Lay, 'Egypt: Defending The Revolution: Taimour Lay Looks At The Role Lawyers
Are Playing Both For And Against The Military Regime' [2012] Socialist Lawyer.
2

'Moral concept of legal ethics' these concept is based over concept of theories which
deals with morality in ethics4. These are very important from point of view of lawyer as it
increases capacity of lawyers to follow a principals of ethics by not disturbing their moral base.
It increases chances of trust and vulnerability among the lawyer. Efficiency of giving right
advice is also increased. It helps in maintaining good and smooth relationship between client and
lawyer. Also this gives boost to lawyer and helps him in achieving interest of a client from root
level. This result of this is that psychological impact over a lawyer is easy if he maintains
positivity in moral value or else it becomes very difficult for him to gain trust of a client in order
to achieve his interest in an effective manner. It is also important form a point of view of a legal
advice as negative morality never results into a positive outcome for a perfect legal advice.
Moral theories are very important as they teach a lawyer to follow morality and also should not
violate any ethics of professional nature which is going to maintain its dignity and integrity.
'Legal ethics and its model of positivity' in this theory of law there is a very strong
focus over the nature of law which is formed keeping in mind condition of society. In these
theories main focus is over proper following of positivity while keeping in mind ethics of a
professional nature5. Ethics of legal nature cannot be kept under this model in a relevant manner
because it is going to create a contradiction in nature of ethical principal. Actual role of lawyer is
also based over situation and circumstance which may sometime leads to violation of principals
of ethics. This provides a justification over difference between law and morality. If the nature of
law is not of an appropriate nature, then it can lead to violation of morality which is going to
ultimately effect over all part of a society. This can also result into increase in breaking of basic
frame of ethics. Role of lawyer plays a very important role in creating an effect over a society in
a manner that if any of law is being interpreted in wrong manner this is going to ultimately lead
to violation of morality and its basic principal. Various principals of morality are Principal of
partisanship in this main objective of lawyer is to achieve interest of client and should not
violate boundaries of law6. Then comes Principal of neutrality in this a lawyer is not supposed
4 Ruth F Chadwick, The Concise Encyclopedia Of The Ethics Of New Technologies (Academic
Press 2001).
5 KimJiSu, 'Legal Ethics In East Asian Tradition And Its Lesson To Our Modern Legal Ethics'
(2012) 61 Korean Lawyers Association Journal.
6 Jeffrey W. Koch, 'Partisanship And Non-Partisanship Among American Indians' (2016) 45
American Politics Research.
3

to take care of morality and its basic principles as far as no law is disturbed7. If any of the
principal is followed properly then the client cannot consider lawyer as a wrongdoer. This is how
morality and ethics is connected.
Fiduciary duty of lawyer towards its client is to listen to him and ask him about his
requirements and specifying him right solution for problem he is in. Fiduciary duty towards court
is that h should not be biased in any manner and should support truth.
CONCLUSION
From the above file the concept of ethics is cleared which means rules and regulation that
is to be followed in order to maintain professional decorum. In this role of lawyer is also covered
in relationship to following of ethics. Role played by a lawyer is important as he sets example for
other lawyers to follow these ethics. Then morality and ethics with their relationship is
explained. As it is cleared that morality and ethics can always be contradictory in nature. In the
end moral concept of legal ethics is covered in which legal ethics and its moral basics is
discovered in relation to lawyer's role.
7 Andrew Odlyzko, 'Network Neutrality, Search Neutrality, And The Never-Ending Conflict
Between Efficiency And Fairness In Markets' (2009) 8 Review of Network Economics.
4

REFRENCES
Books and journals
Alexander J. Preiss, 'New York's Toxic Justice For The Ecuadorian Oilfields: Corporate America
Dumps On Ecuador's Indigenous People, Argues Alexander J. Preiss' [2014] Socialist
Lawyer.
Chadwick R, The Concise Encyclopedia Of The Ethics Of New Technologies (Academic Press
2001).
Dicks H, 'Environmental Ethics And Biomimetic Ethics: Nature As Object Of Ethics And Nature
As Source Of Ethics' (2017) 30 Journal of Agricultural and Environmental Ethics.
KimJiSu, 'Legal Ethics In East Asian Tradition And Its Lesson To Our Modern Legal Ethics'
(2012) 61 Korean Lawyers Association Journal
Koch J, 'Partisanship And Non-Partisanship Among American Indians' (2016) 45 American
Politics Research
Miller, M. (2000). The Ethics of Confidentiality: Professional Duties and the Uncooperative
HIV-Infected Client. Auslegung: a Journal of Philosophy.
Odlyzko A, 'Network Neutrality, Search Neutrality, And The Never-Ending Conflict Between
Efficiency And Fairness In Markets' (2009) 8 Review of Network Economics
Taimour Lay, 'Egypt: Defending The Revolution: Taimour Lay Looks At The Role Lawyers Are
Playing Both For And Against The Military Regime' [2012] Socialist Lawyer.
Wishman, S., 2013. Confessions of a Criminal Lawyer: A Memoir. Open Road Media. T.J. Steiner
5