This report discusses the importance of following international standards of conduct for lawyers. It covers principles such as confidentiality, professional judgment, competence, and zealous representation. Case studies are provided to illustrate the impact of unethical behavior by lawyers.
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Table of Contents INTRODUCTION...........................................................................................................................3 MAIN BODY..................................................................................................................................3 Imposing the cases for international standards of conduct for lowers.........................................3 CONCLUSION................................................................................................................................7 REFERENCESS.............................................................................................................................9
INTRODUCTION Lawyers and the other legalprofessionals are facedwith the problems from theirworking clients. Theyare doing work for their professional interests. Legal ethics are essential for helping the attorney to work thorough the equality of those interests andthey workto promoting a good faith. It is necessary for the lawyer towork in a professional mannerand understand their ethics. This report willstudy the internationalstandards of conduct for Lawyers. There are some standards that are imposed for the Lawyers internationally that should be followed by them for the ethical practices. It makes them professional in their work andhelps their clientsto Get the justice. MAIN BODY Imposing the cases for international standards of conduct forLawyers Professional ethicsplay the most importantrole in the lawyer ship and it makes necessary for the Lawyers to follow and understand their ethics to beprofessional in their work area. International Attorney of Ethics that should be followed by thelawyers describesthe ethics and set of sates codes, rules andregulations for the lawyers. These codes are useful to ensure lawyers to work according to the law and ethically without harming the Third parties,Financially.They thus help in protecting the client. A Lawyer who takes the professional cases in the Jurisdiction, where they are not a proper part or the member of local business, shall adhere to a standard of professional ethics in the Jurisdiction in which they have been admired. It is necessary for the Lawyers toobserve all thestandardsthat are implemented internationallyfor their profession. Lawyers shall, at all the times, maintain their ethical standards which applied to the Lawyer- shipof the country because every countryhave their own lawyer ship code of conduct.They need to follow this, sothey can professionalLawyers1. Most of the Lawyers do not follow their standards properly that makes their work unprofessional. They considered their private life in the Lawyer ship and work for their own benefits. TheInternationalCode of Ethics (IBA) have imposed a standard for the Lawyers internationally to maintain the professionalization in their work. Lawyers cannot deny taking the case from the client, even if they know client is guilty. They have to give their best to protect 1Professional, Independent basis.Path of Science,5(5), pp.4001-4015.
their client.Also, theycannot deny taking the case from their client without any argument. Similarly, there are many standards that are imposed for the Lawyers. While this code of conduct is not binding, it does comprehensively lay out rules and regulations for state bar institution – or even attorneys who identify the unclear area of the codes in their own state to create sense of their moral and ethical choices. The process that may be particularly related to clients are: Confidentiality- It means that the lawyerscannotuse the confidence of their client or their secrets to their own advantages or the personal benefits. Usually, A lawyer can only use the confidence of their partyafter consentand alsoafter he has given fulldiscloser to the client's constantly. Only after a lawyer gives a full discloser at the legal consequence of thatdisclosures 2. Professional judgement- It is necessary for lawyers toThe message has no text content. practicean independent judgement and it should beon behalfof the client. A lawyer cannot accept the employment from their clients according to the professional ethics when there is any kind of conflict of the interest. The lawyers are also torestrainedfromthe acquiring a financial interest in the case. Additionally, lawyers are not allowed to control the legal matters.Lawyer is usually needed to be competent,either by the consultation withotherlawyer or by conducting the proper research. `Competence- It is necessary for the lawyers to represent a competency of theirclients.If the lawyers are not competent with their client then they areneededto be a competent in their work.This should bedone eitherby consultation with any another lawyer orby conducting adequate research.Alawyer should not perform or control the legal matter without adequate presentation under acircumstance3. ZealousRepresentation- It is important for the lawyer to behave professionally and should not represent azealousto their casewithin the bound of laws.However, a lawyercannot knowingly use the lieand be illegal(Benson,2020). They may refuseor deny an aid orthe 2Bussani, M., 2018. Strangers in the Law: Lawyers' Law and the Other Legal Dimensions.Cardozo L. Rev.,40, p.3125. 3Antoniuk, S., 2019. The Court and the Lawyer in Ukraine: the Realities of Today and the Problems of Ethics of Relationship.Path of Science,5(7), pp.1001-1014.
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participation in a such conduct. A lawyer should not assist their position, delay in the trials and affiliation of the suitor take stricter actions on the behalf of the client. Accordingto the guidelines and general principles given by the IBA, Lawyers all over the world are specialist.They are professionalswho place the interest of their client above their own.They serve to obtain the respect for the laws and rules made for them. It is necessary for the Lawyers to be continuously updatedand the Combine the legal departments with the services to their client, give respect to the court andthe legitimately aspireto maintain the proper and reasonable standard for living. Lawyers should at all the times maintain the higher standards with the help ofhospitality and the integritytowards all those with whom they come into the contract. Lawyers shalltreat the interest of their client as the paramount, subject to observethe laws and to maintainethical standards.Lawyers shall not place themselves in a position in which their clients’ interests conflict with those of themselves, their partners or another client. Lawyers shall at all times maintain confidentiality regarding the affairs of their present or former clients, unless otherwise required by law. They should alwaysrespect the freedom oftheir clients to be represented by the lawyer of their own choices. Thefinancial management of the Lawyers should bedone properlyand they should consider proper fees. All fees structure should be provided to finance department before the case. The Lawyersshould give proper respectand the freedom to the client. They should be properlyrespectedby lawyers4. All these standardsshould be followed by the Lawyers so they can professionally work and help client in their case. There are some casesin which lawyers imposed with the international standards, and they have to followthem. Some unethical practices can bethe reason of it and Lawyers can behave unethically with their client. If the client came for the justice and if it is the case of murder and the condition in which Client accepts their crime then Lawyers have to accept their case.Thus, their aim will be providing justice to their client. They cannot disrespect the client or go against them. According to the international standards, it will be illegal activity for them. This kind of cases are problematic for the Lawyers but according to the standard, they have to accept the cases even if they are confessing their crime. Lawyers have to prove that their client is not guilty, and they have not attempted the crime. As a professional, if 4Arsenault, E.G., 2017.How the gloves came off: Lawyers, policy makers, and norms in the debate on torture. Columbia University Press.
theLawyer says noto accept their case then it will be unethical behaviour from their side which means theycannot deny according to the guidelines5. One of the case law AIB Group (UK) Plc V Mark Redler & CO Solicitors (2014), is an English trust law that conversing the principles that are applied of causation for the breach of trust, SEARCH COURT CASES AND CASE LAW IN THE UK (2017). AIB group Plc, the companythat belongsto the UK claimed the losses of the loan from the marksRedler Solicitors metric when the money was given, even thorough the accentual validation of the home on which secured has drop out.They have given the Reportageof around 3.3 million of a home. And currently it worth around, 4.5 million and it was given to the MR and Mrs Sondhi in the years 2006. According to the 1stcharge on the house was in the favour ofthe UK bank Barclays for the 1.2 million which was owned in the Two account. Condition by the AIB for Reportage was that the bank was that the 1st charge was redemption of the amount. The AIB constructed with the marks to takes the first legal charges and the redeemed the all the othercharges. TheMarks who was a Lawyers Saughthe information from the Barclays Bank about the two different account, but they got the figures of the Single account, and they thought this was the total, one of the account discharge This but it alreadyleft the outstanding amount of around309000pound depth. Barclays bank deny giving its charges,The lawyers of The AIB did not tell this to the AIB of the mistake by the lawyer but then deed of postpositions, enable the AIB top AIB to registers a second charges and limited to the bank priority is to outstanding loan amount. In the year 2011, Mr and the Ms Sonshi defaulted on therepayments of the loan. Barclays responded and sole their home for the 1.2 million and AIB received 867,697, AIB was not able to recover more than this and claimed ion the marks who are their Lawyers act in the branch of a trust and Fiduciary duty, breach ofthe conduct waysnegligible. Mark Redler accept theiracted breach of contract,but not another allegation onthem . It also an argument that in any case it is necessary only be liable for loss by comparison with the position that AIB would be in if Mark Redler had done. IT was the case where International standards were not applied by the Lawyer 5Benson, K., 2020.Lawyers and the Proceeds of Crime: The Facilitation of Money Laundering and Its Control. Routledge.
Ames because they did not confirm to rte AIB about the Information he was having and because of the Mark company was not able to recover their loans6. There are manysimilar casesin which standard decided by the IBA was not followed by the lawyers, that affect the case forexamples— DARBY & DARBY- In this case Firm appeal of the Solicitor against the damage order for the professionally Negligence. In this case it was claimed that the organization has acted as the negligently in the conduct of the dispute conferring that the restricted covenants. It was held unanimously that the cost and the value of the injunction proceeding to enforce a cession of the building a work was not attributable to the firm's negligence. It was the case that happened inthe year 2014 on the Lawyers and in this case also lawyer do not follow the international standard and it was required by the Lawyers' and the wrong alligation makes this case more complicated. It is necessary for the lawyers to follow the guidelines and general principles given by the IBA, Lawyers all over the world are specialist, and they are professional who place the interest of their client above their own, and they are starve to obtain the respect for the laws and rules made for them. It is necessary for the Lawyers to be continuously update and the Combine the legal departments with the services to their client, give respect to the court and the legitimate aspiration to maintain the proper and reasonable standard for living. Lawyers are the professionals and if they are not following the legal rule and standard of the Lawyers thee they have to go through many problems and it will affect their profession, and they will not get the client for themselves7. CONCLUSION As per the reportit has been discussed that international standards should be followedby thelawyer, so they can help client to get justice. It is necessary for the lawyer to follow. This report has covered principles standard like Confidentiality, Professional judgement, Competence, Zealous Representation etc. In the end of this report has been provided some case studies to understand it bow the unethical behaviour by the Lawyers can affect the other parties are harm 6Henseler, H. and van Loenhout, S., 2018. Educating judges, prosecutors and lawyers in the use of digital forensic experts.Digital Investigation,24, pp.S76-S82. 7Sklar, T., and Bismark, M., 2019. Characteristics of lawyers who are subject to complaints and misconduct findings.Journal of Empirical Legal Studies,16(2), pp.318-342.
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them both Physically and the financially both. It makes necessary for the Lawyers to follow professional and international standards.
REFERENCESS Books and journal Professional, Independent basis.Path of Science,5(5), pp.4001-4015. Antoniuk, S., 2019. The Court and the Lawyer in Ukraine: the Realities of Today and the Problems of Ethics of Relationship.Path of Science,5(7), pp.1001-1014. Arsenault, E.G., 2017.How the gloves came off: Lawyers, policy makers, and norms in the debate on torture. Columbia University Press. Benson, K., 2020.Lawyers and the Proceeds of Crime: The Facilitation of Money Laundering and Its Control. Routledge. Bussani,M.,2018.StrangersintheLaw:Lawyers'LawandtheOtherLegal Dimensions.Cardozo L. Rev.,40, p.3125. Halprin, P. and Wah, S., 2018. Ethics in International Arbitration.J. Disp. Resol., p.87. Henseler, H. and van Loenhout, S., 2018. Educating judges, prosecutors and lawyers in the use of digital forensic experts.Digital Investigation,24, pp.S76-S82. MILOŠ, V., 2020. International Lawyers’ Failing-Outlawing Weapons as an Imperfect Project of the Classical Laws of War. Sklar, T., and Bismark, M., 2019. Characteristics of lawyers who are subject to complaints and misconduct findings.Journal of Empirical Legal Studies,16(2), pp.318-342. Online SEARCH COURT CASES AND CASE LAW IN THE UK (2017). Online avlable theorugh. <https://www.casecheck.co.uk/legal-profession.html>