Navigating Legal Ethics: Balancing Lawyer's Duty to Court and Client

This essay critically examines the ethical duties of lawyers, particularly the prioritization of their responsibilities to the court versus their clients. It begins by outlining the extensive ethical rules governing the legal profession, emphasizing the lawyer's role as an officer of the court and the associated benefits and burdens. The essay explores the various duties lawyers have to the court, clients, society, and fellow advocates, highlighting the importance of competence, honesty, and due diligence. It discusses the potential conflicts arising from these duties and asserts that the duty to the court takes precedence. The essay then details specific ethical guidelines, including proper conduct, dress code, and financial interests, as well as the lawyer's secondary duties to their clients, such as maintaining confidentiality, providing information, and handling fees. It concludes by reinforcing the foundation of legal practice as a self-regulated profession and the importance of ethical conduct in maintaining public trust in the justice system.

Running Head: ETHICS AND PROFESSIONAL PRACTICE 0
ethics and professional practice
APRIL 27, 2018

ETHICS AND PROFESSIONAL PRACTICE 1
The legal profession has the most extensive ethical rules of any other profession in the
world. As per the professional standards, being a professional, lawyers play a role of officers
of the courts1. An advocate has both a benefit and burden. The benefit is to get the chance of
career in law stream as a member of the legal profession and the burden is to perform the
obligations to apply law rules. While discussing the lawyer’s duty, it is found that they have
various duties to the court, clients, society and fellow advocates2. It is a responsibility of
lawyer to perform his duty to the court and it becomes mandatory to apply law rules3. It is
also a duty of lawyer to assist the court in justifying the issues timely and in the most
appropriate manner4. Upholding this duty to court makes the base of litigation (both civil and
criminal)5.These duties require lawyers to act with competence, honestly, due diligence and
due care. This ensures that lawyer has a duty to his client to raise issues and ask any
questions. Sometimes this predominant duty creates clashes with lawyer’s duty towards their
clients and court. But as per priority, lawyer’s duty to the court comes first and his duty to the
client becomes secondary.
It is a well-known fact that law is a superior branch of a structured knowledge so
lawyers are considered professionals. In this way it is more important that a lawyer must
maintain proper professional standards in legal practice and emphasis on the element of
public service consistent with the idea of professionalism6. It is the important duty of lawyer
to continue the fair and self-regulated administration of justice without partiality. It makes a
lawyer responsible to contribute in maintaining impartial administrative justice7. It is required
by legal professionals that they should conduct themselves with integrity8. They should try to
maintain public faith in court process9. In addition of these duties, an advocate is required to
deal with fellow advocates with loyalty10. In this essay how a lawyer’s duty comes to the
court first then second to the client is discussed and critically examined.
Lawyers have certain duties to the court which defines a lawyer’s role. Firstly,
lawyers should be well-mannered and civil. They should always speak and write in respectful
way. As per this rule, lawyers are not allowed for ex parte communication with the court
(including judge’s staff) on any undecided matter by the written communication or telephone
or letter or any other mean. They should comply with law and rules and act with honesty at
the time of presentation in the court. Further, a lawyer can make remarks only to the judges
not to the opposing council in court room and it is a duty of advocate not to communicate any
1Paine Baron and Linton Corbin, Ethics and legal professionalism in Australia (Oxford, 2nded, 2016)
2 G Dal Pont, Lawyer’s professional responsibility (4thed, 2010), 15.
3Federal Court of Australia Act, 1976 (Cth)
4Federal Court of Australia Act 1976, s37N (1).
5 Lawyer, A Lawyer’s duty towards the court (2013) <https://www.lawctopus.com/a-lawyers-duty-towards-the-
court/>
6Andrew Boon, Lawyer’s ethics and professional responsibility (Bloomsbury publishing, 2015)
7RupertoKappunan., The lawyer’s duties to the legal profession (2017) <https://businessmirror.com.ph/the-
lawyers-duties-to-the-legal-profession/>
8David Rivkin, Maintaining lawyer’s integrity: message from IBA president (2016)
https://www.chapman.edu/law/_files/publications/CLR-1-stephen-jones.pdfs
9 Nathan Crystal, professional responsibility: problems of practice and the profession (Wolters Kluwer Law &
Business, 2017)
10Law society of Ontario, Integrity (2018) <https://www.lsuc.on.ca/integrity/>

ETHICS AND PROFESSIONAL PRACTICE 2
pending matters to the judge or any other judge privately and not to act illegally towards
adverse party. It means if any lawyer noticed that other lawyer is making mistake and
charging the extra fees from his client then lawyer should not do anything and draw the
attention from this matter. They have also some rights and powers to make complaints
against any judicial officer to the proper authorities11.
In the context of legal practice, lawyers should follow dress code during legal
proceeding but they are not allowed to wear that gowns or bands in public places except
court, ceremonial occasions and law council of Australia. The main thing is to care that
lawyers should be punctual and should not enter in any manner which diminishes the dignity
or decorum of the court. Lawyers are not allowed to practice in the court where their parents
or any nearest relative is magistrate. As per the rule, advocates cannot appear before judicial
authority against the establishment in which they are member of management. But this rule is
not applicable to the lawyer who does not take fee on the behalf of law council of Australia,
Australia bar association12.
As per the Legal profession conduct rules 2010 of Legal Profession Act 2008, lawyer
should boost faith of public in judiciary and should not have financial interest in the matter
assigned to him. For example, if a lawyer is a director in any company then he cannot take
brief from that company. The Lawyers should take care of thing that they should always
accept the requests which are appropriate regarding trial dates, adjourned cases. It is clear that
lawyers can expand the administration of justice by performing all the duties to the court13.
Generally, when someone faces any legal problem, a reliable lawyer is required by
him who can solve his case quickly and give effective remedies on reasonable fee. In this
reference some Legal Profession Conduct Rules 2010 have been placed under Legal
Profession Act, 200814. These rules define secondary duty of lawyer to the client. An
advocate should perform these defined duties in proper manner so as to keep the healthy
relations with client15. As lawyers and his client have fiduciary relationship16. It is a duty of
lawyer not to disclose their client’s information to other person unless lawyers are permitted
by their client to disclose his information. But a lawyer may disclose the information to the
person if disclosure of information is required by law. It means lawyer can disclose about his
client as per the permission of law. Further it is a duty of lawyer to inform a client about his
rights, powers and the matters related to their relationship. They should also keep informed
their client about the progress on the matters of client but wrong information should not be
given about his client during civil proceedings. It is main duty of care to client that an
advocate should not hurt client’s interest by his acts or any error or blunders. If an advocate
receives the money on the behalf of his client then it is necessary to inform his client about
11 Micheal Frost, Introduction to Classical Legal Rhetoric: A Lost Heritage (Routledge, 2017)
12 Ibid
13 Legal Profession Act, 2008 (WA)
14 Ibid
15Jonathan Herring, Legal Ethics (Oxford university press, 2017)
16David Dietrich, Lawyers owe fiduciary duty to client(2018)
<https://www.wisbar.org/newspublications/wisconsinlawyer/pages/>

ETHICS AND PROFESSIONAL PRACTICE 3
the amount received. To have better understanding of case, an advocate should communicate
his client before start proceedings and follow the instructions given by client in regarding
case or event.
Furthermore, advocates should not be shy from their clients to have better
communication. So it is necessary that lawyers should be fully open to their client but they
should never accept any commitment or arrangement out of his capacity. It is also a
responsibility of an advocate to notify his client about legal aid. Advocates should tell the
clients that they will be eligible for the legal aid if it is not possible for client to raise money
or borrow money to give fees of advocate. According to the rules under Legal Profession Act,
2008, lawyers have some defined duties in respect of fees. Such as an Advocate cannot claim
cost from other person on the behalf of client unless his client has a right to claim that cost.
After receiving the request of client, a lawyer should render an invoice timely for the referred
work. This is against the professional ethics to stipulate a contingent fee on the outcome of
litigation or decide to have proceeds of litigation17. A lawyer should take fee which is
appropriate according to fellow advocates and according the type of the case. While deciding
the fees, a lawyer should consider some factors such as complexity of any event or matter,
time, scale of cost, his kill to handle case and the agreement made between client and lawyer.
The fee shall not be charged for the regular services or the services associated with the
property in terms of percentage which is dependent on the matter of success. Special
circumstance may justify his refusal to accept a particular brief. If in any circumstances,
advocate withdraws from any case then it is necessary to refund the fee to the client charged
by him after giving the reasonable notice to his client.
In addition to duty of lawyer to his client, an advocate should account expenses,
deductions and amount received from client or on the behalf of client properly. It is a duty of
lawyer to provide copy of documents and accounts on the demand of his client. In this regard
lawyer should always charge reasonable fee. When advocates receive any amount on the
account of fee or expenses then they shall not divert the full or any part of amount received
for expenses as fee unless they get written instruction from their client about transfer the
money. As per the rules mentioned under the Legal Profession Act, 2008 if a lawyer is
witness himself of any matter or has reason to believe to be a witness then case should not be
accepted. As per the rules, a lawyer who is a principle of legal practice should not allowed
any other name of person to act on sign unless that person is practitioner and who is his
partner or employee. On the question of other business and profession, rules define that
lawyer should not carry any other business or profession but there are some exceptions are
here. It is also describe that when counsel does not inform the client of subsequent legal
proceeding, then it consider as breach of duty by lawyer and will be answerable for
professional negligence18.
In respect of borrowing the money, it is a duty of advocate not to lend the money to
his client for the legal proceedings in which lawyer is assigned by clients. It is further added
that Advocates shall not give guarantee for their client as well as shall not certify it that legal
17 RobertMackinnon, Contingent fees for legal services: professional economics and services (Routledge, 2017)
18 Fox &Staniland Lawyer, Professional negligence (2018) <https://www.foxstaniland.com.au/litigation-
dispute-resolution/professional-negligence/>

ETHICS AND PROFESSIONAL PRACTICE 4
proceedings are required by clients. It is necessary for Lawyers to give knowledge about the
process of court to their clients so as to enhance their trust in judiciary and an advocate
should never come into arrangements in which funds are converted into loans.
While considering the both parties of the case, it is defined under rules that an
advocate should not act or accept the same case of opposite party if that case is already taken.
Under the legal profession rules it is further said that the bid shall not be auctioned in the
court by any means or through the exchange mode, sale mode or via gifts by the advocates
for his benefits or in any other possible capacity. It is also a duty of lawyers to take care of
sharp practices. The sharp practices can be avoided by the advocates which involves acting
without the warning slips or taking due advantage, mistakes and irregularity on the part of
other lawyers. The best example of sharp practice is Schreiber v. Mulroney19. The conduct of
lawyers is governed by rules mentioned under Legal profession act, 2008. According to it, a
lawyer should not involve in illegal or unlawful discrimination or sexual harassment. A
lawyer should also not include in workplace bullying20. If any lawyer misconduct then court
may take a consequential finding that the practitioner is not of good fame and character and
therefore unfit to practice.
So as per the above discussion, it is cleared that generally the rules on professional
standards apply to the lawyer as advocate. The rule is formulate and applied to the legal
proceedings as well as to the proceedings submitted to administrative tribunals, relevant
authorities and boards notwithstanding the functions or the informalities of their procedures.
It can be observed that a responsibilities of lawyers towards the court is applicable to each
and every aspect of their practice. While having an in-depth analysis and focus on the duties
of the advocate towards their clients, it is static that obligations to be performed to his client
are of secondary nature and to those due to the court may not be so dynamic. However, the
responsibilities of lawyers which are discussed above are foundation to carry legal profession
as a self-controlled and well-structured profession. Henceforth, lawyers may disagree with
the method of the duty towards the court. It is debatably defined as the advocate’s part in
which the independent and impartial jurisdiction and creating the public faith is priority.
192007 CanLii 34441 (ONS.C.)
20 John Coyne, Continuities into the workplace: what can we learn from research into workplace bullying
(Routledge, 2017)

ETHICS AND PROFESSIONAL PRACTICE 5
Bibliography
A. Articles/Books/Reports
Baron, P., and Corbin, L., Ethics and Legal professionalism in Australia (Oxford, 2nded,
2016)
Boon, A., Lawyer’s ethics and professional responsibility (Bloomsbury publishing, 2015)
Coyne, I.J., Continuities into the workplace: what can we learn from research into workplace
bullying (Routledge, 2017)
Crystal, N.M., Professional responsibility: problems of practice and the profession
(Wolterskluwer law & business, 2017)
Dal Pont, GE, Lawyer’s professional responsibility (Thomson Reuters (professional)
Australia Ltd., 2017)
Frost, M., Introduction to Classical Legal Rhetoric: A Lost Heritage (Routledge, 2017)
Gillers, S., Simon, R.D., Perlman, A.M., and Remus, D., Regulations of lawyers: Statues and
Standards (Wolters Kluwer Law & Business, 2017)
Herring, J, Legal ethics (Oxford university press, 2017)
Kakabadse, N.K., and Kakabadse, A.K., Profession and professional ethics (Routledge,
2017)
Mackinnon, F.B., Contingent fees for legal services: Professional economics and
responsibilities (Routledge, 2017)
B. Cases
Schreiber v. Mulroney [2007 ]CanLii 34441 (ON S.C.)
C. Legislations
Legal Professional Act, 2008 (WA)
Federal Court of Australia Act, 1976 (Cth)
D. Other
Dietrich R., Lawyers owe fiduciary duty to client (2018)
<https://www.wisbar.org/newspublications/wisconsinlawyer/pages/>

ETHICS AND PROFESSIONAL PRACTICE 6
Fox &Staniland Lawyer, Professional negligence (2018)
<https://www.foxstaniland.com.au/litigation-dispute-resolution/professional-negligence/>
Kappunan, L.P., The lawyer’s duties to the legal profession (2017)
<https://businessmirror.com.ph/the-lawyers-duties-to-the-legal-profession/>
Law society of Ontario, Integrity (2018) <https://www.lsuc.on.ca/integrity/>
Lawyer, A Lawyer’s duty towards the court (2013) <https://www.lawctopus.com/a-lawyers-
duty-towards-the-court/>
Rivkin, D.W., Maintaining lawyer’s integrity: message from IBA president (2016)
<https://www.chapman.edu/law/_files/publications/CLR-1-stephen-jones.pdf>