Comprehensive Report: International Standards of Conduct for Lawyers

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This report provides a detailed examination of the international standards of conduct for lawyers. It begins with an introduction to legal ethics and the importance of these standards for maintaining professionalism and ensuring justice. The main body delves into specific ethical guidelines, including confidentiality, professional judgment, competence, and zealous representation. It highlights the roles of lawyers in upholding ethical standards and the consequences of non-compliance, referencing the International Bar Association (IBA) guidelines. The report then explores real-world case studies, such as AIB Group (UK) Plc V Mark Redler & CO Solicitors (2014) and Darby & Darby, to illustrate the application and impact of these standards. The analysis covers instances of both adherence to and violations of these standards, emphasizing the significance of ethical behavior in the legal profession and providing a comprehensive overview of the challenges and responsibilities faced by lawyers globally. The report emphasizes the importance of maintaining the highest standards of integrity, client confidentiality, and professional conduct.
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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
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INTRODUCTION
The lowers and the other legal processionals are faces with the problems from their
working clients and they are doing work for their professional interest. Legal ethics are
essential for helping a the attorney to work thorough the equality of those interests and the work
to promoting a good faith. It is necessary for the lawyer to work professional and understand
their ethics.
This report will impose the international standards of conduct for Lawyers. There are
some standards that are imposed for the Lawyers internationally that that should be followed by
them for the ethical practices, It makes them Professional in their work and help their client to
Get the justice.
MAIN BODY
Imposing the cases for international standards of conduct for lowers
Professional ethics pays most important role in the lawyer ship and it makes necessary for
the Lawyers to follow and understand their ethics to be a professional in their profession.
Internationally Attorney of Ethics that should be followed by the lawyers and it describes the
ethics and set of sates codes, rules and regulations the conduct of the lawyers. These codes are
useful to ensure lawyers to work according to the law and ethically within harming the Third
parties Financial and protect 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 f professional ethics in the
Jurisdiction in which they has been admired (Antoniuk, 2019). It is necessary for the Lawyers to
observes al the standard that are implemented internationally for the every Lawyer in their
profession. Lawyers shall at all the times maintain their ethical standards which applied to the
Lawyer of the country because very country have their own lawyer ship code of conduct, they
end to follow so they can professional lowers.
Most of the Lawyers do not follow their standards or follow the standards properly that
makes their work unprofessional. They considered their private life in the Lawyer ship and work
for their own benefits. The Internationals Code of Ethics (IBA) have imposed a standard for the
Lawyers internationally to maintain the professionalisation in their work. Lawyers cannot deny
taking the case from the client, even if they know client is guilty. They have to give their bet to
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protect their client, and they have to take the case from their client without any argument.
Similarly, their 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 lawyers can’t use the confidence of their client or their
secrets to their own advantages or the personal benefits (Arsenault, 2017.). Usually, A lawyers
can only use the confidence of their party consent and only few after the lawyers gives full
discloser to the client's constantly and only after a lawyer gives a full discloser at the legal
consequence of that disclosers.
Professional judgement- it is necessary for lawyers to practices a independent judgement
and it should be behalf of the client. A lawyers cannot accept the employment from their clients
according to the professional ethics when there is any kind of conflict of the interest. The
lawyers is also to regain from the acquiring a financial interest in the case. Additionally, lawyers
are not allowed to control the legal matters, lawyer is usually need to be a competent, either by
the consultation with the any other lawyer or a contract the proper research.
`Competence- It is necessary for the lawyers to represent a competency of their client's.
If the lawyers are not competent with their client to handle the legal matter of their client then
they are need to be a competent in their work, Either by consultation with any another lawyer or
the conductivity the adequate research. A lawyer should not performed or control the legal
matter without adequate presentation under a circumstances.
Zealous Representation- It is important for the lawyer to behave professionally and
should not Represent a zealously to their client within the bound of laws. However a lawyer
cannot be knowingly use the lie be illegal (Benson, 2020). They may refuse or deny a aid or the
participation in a such conduct. A lawyer should not assist their position, Delay in the trials and
filiation of the suit or take sticker actions on the behalf of the client.
According to 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 serve to obtain the respect for the laws and rules made for them. It is
necessary for the Lawyers to be continuously update ad the Combine the legal departments with
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the services to their client, give respect to the court and the legitimate aspiration to maintain the
proper and reasonable standard for living. . Lawyers should at all the times maintain the higher
standards with the help of hostility and the integrity towards all those with whom they come into
the contract. Lawyers shell treat the interest of their client as the paramount, subject to observes
the laws and to maintain ethical standard. 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. Lawyers should always give respect to the freedom of
their clients to be represented by the lawyer of their own choices. The financial management of
the Lawyers should be done properly proper, and they should consider proper fees and all fees
structure of the finance department before the case and , the Lawyers should give a proper
respect and the freedom to the client. they should be properly suspected by lawyers .
This all standard should be followed by the Lawyers, so they can professionally work ad
help client in their case. Their are some cases in which lawyers imposed with the international
standards and they have two followed them. Some of the unethical practices can be 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 is that Client contained that they did the crime then also
Lawyer ave to accept their case and their ,aim will be providing justice to their client, they
cannot disrespect the client or go against them, According to the international standard it will be
illegal activity for them (Bussani, 2018). 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 the Lawyers says no to accept their case then it will be unethical behaviour from
their side which means they cannot denied according to the guidelines.
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 is the
company that belong to the UK claimed the losses of the loan from the marks Redler Solicitors
or the Lawyer metric when the money was given always even thorough the accentual validation
of the home on which a secured has drop out (Halprin, and Wah, 2018 ). The has given the
Reportage of around 3.3 million of a home. And currently it worth around, 4.5 million and it was
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given to the MR and Mrs Sondhi in the years 2006. According 1st charges are the case first
charge on the house was in the favour of the 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 of the other charges . The Marks who was an Lawyers
Saugh the 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 already left the outstanding amount of around 309000 pound dept. Barclays bank
then deny to give it's first charges in less this was given (Henseler, and van Loenhout, 2018).
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 the
repayments 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 of the conduct a ways
negligible. Mark Redler accept their acted breach of contract, but not an other allegations on
them . 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 (Sklar, and Bismark, 2019). IT
was the case where International standards were not applied by the Lawyer 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 loans.
There are many simmer cases in which standard decided by the IBA was not followed by the
lawyers, that affect the case and or more case for examples — 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 f the injunction proceeding to enforce a cession of the building a work was not attributable
to the firm's negligence (MILOŠ, 2020). It was the case that happened in the year 2014 on the
Lawyers and in this case also lawyer do not follow the international standard and it was required
by the Lawyers' ad 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
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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 ad 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 themselves.
CONCLUSION
As per the report has been discussed international standards that should be followed by
the lawyer so they can help client to get justice and professionally, it is necessary for the lawyer
to follow. This report has been coved 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 them both Physically and the financially both. It makes necessary for the
Lawyers to follow professional and international standards.
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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. Strangers in the Law: Lawyers' Law and the Other Legal
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>
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