LSBM112: Professional Legal Skills Essay - Ethics and Duties of Care

This essay delves into the critical role of legal ethics within the professional legal landscape. It explores how ethical considerations significantly impact the legal profession, emphasizing the importance of navigating interests while promoting the greater good. The essay examines various facets of legal ethics, including independence, honesty, integrity, and the lawyer-client relationship, covering competence, client care, and confidentiality. It also addresses the avoidance of conflicts of interest and the proper handling of client funds. Furthermore, it elucidates the concept of duty of care, highlighting principles such as neutrality and non-accountability and illustrating how these principles are reflected in codes of conduct like the Solicitors Code of Conduct and the Attorney Code of Conduct. The essay uses case examples, such as B & ANOR V SECRETARY OF STATE FOR THE HOME DEPARTMENT & ANOR [2012] EWHC 3770 (ADMIN), to emphasize the practical application of these ethical standards. The essay concludes by summarizing the importance of maintaining ethical standards in law to ensure the dignity and honour of the legal profession.

PROFESSIONAL LEGAL
SKILLS

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
Explain how ethics impacts legal profession and why?...............................................................3
Description on duties of care owned specifically to codes of conduct........................................4
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................1

INTRODUCTION
Professional law defined as personal and corporate laws that encompasses the ethical
code governing the conduct of an individual engaged to undertake as practice of law (1).
Therefore, legal ethics said to be a code of conduct that governs the proper professional
behaviour. Legal professional behaviour imposed obligations on society and individuals.
The present report is based on topic of Lawyer professional ethics. Furthermore, study
will be based on ethical impacts on legal profession. Also, identification on the legal ethics that
apply over legal practices. Moreover, duty of care will be supported with given article.
MAIN BODY
Explain how ethics impacts legal profession and why?.
Legal ethics applicable to legal practice-:
Legal ethics plays crucial role as this assist the lawyer to navigate the delicate balance of
interest and work that promote the greatest good. In addition to this, it serves and safeguard the
interest of client that is being represented that ensure to receive the service without undertaking
any discrimination.
Ethics are termed out as principles and values that together with rules of conduct and
laws that regulates the profession such as legal profession (2). However, professional ethical
mainly encompasses the ethical code that is governing the conduct of individual who is engaged
under practice of law as well as any person engaged in legal sector. Ethics act as the crucial
guide that ensures about the proper conduct in the daily practices of law. Herein, the areas
covered ethical standards as are-:
Independence, Honesty and integrity- This is very typical for lawyer to protect the interest of
client if this is relate to the subject that is interference from others. In addition to this,
independence defined as key that offers unbiased advice and representation to a client. Lawyers
needs to maintain ethical standard in relation to honesty, integrity and fairness towards the client.
1
1. Atkins, K., De Lacey, S. and Ripperger, R., 2020. Ethics and law for Australian nurses.
Cambridge University Press.
2 Herzog, L., 2019. Professional ethics in banking and the logic of “Integrated Situations”:
Aligning responsibilities, recognition, and incentives. Journal of Business Ethics. 156(2).
pp.531-543.

Lawyer client relationship- The relationship within the lawyer and client has varied aspect to it.
Therefore, some of it outlines as-:
1. Competences and professionalism- In this, competent represent legal knowledge, skills
and preparation that is crucial to identify any client. Henceforth, lawyers needs to act
within diligently and efficiently.
2. Client care- The relationship among the lawyer and client can be termed out as
contractual one. Lawyer must have legal obligation towards the client and there are some
of crucial ethical principles that governs the manner that lawyer needs to conduct towards
the client (3). Henceforth, these are the some obligations that needs to be full-filled in
context of client care and these as are-
 To treat the client in fair manner that assist to protects their interest.
 This helps to be ensures about resources and ability to act for client. They must give
proper suggestions and represent the clients in timely manner.
 The client must be informed about the decision taken on behalf of them.
Confidentiality- The well established principles of ethics to the legal profession can be defined
as privilege (4). It is the duty of lawyer to keep the all information of client confidential. Any
circumstances that leads to disclose information to client is strictly limited.
Avoidance in conflict of interest- To do the acting within the best interest of client requires is in
order to avoid conflict of interest. Henceforth, there are following situation in which the situation
of conflict of interest can arise as-:
 Lawyers owns the separate duties to more client in terms to same matters and this kind of
the duties can be conflicted. It also has significant risk (Nuna, Kodai and Moonti, 2020).
 The lawyers duty to act in the best interest of the client in terms to matter of the conflicts.
This is also has significant risk and can occur the situation of conflict.
In the above two situation lawyer should inform client in terms to the potential conflict of
interest. Therefore, in some of the case lawyer cannot act as where there clear conflict interest.
So, in maximum number of the cases this can found out that lawyer must refuse to act for client
if there is situation as conflict of interest has been investigated.
3 Carminati, L., 2019. Between ethics and law. Society and Business Review.
4 Bates, J.D. and Hertig, C.A., 2020. Ethics and Professionalism. In The Professional
Protection Officer (pp. 471-480). Butterworth-Heinemann.

Client money- In this, it can be stated that amount paid on behalf of client needs to be held
separately from money of office or personal (Nuna, Kodai and Moonti, 2020). In addition to this,
lawyer and law needs to open the designated client account must relate to specific client or from
any account of the general client that is containing the money of the several clients.
Why?
Henceforth, this can be stated that the ethics are needed to be followed in the profession
of law. Fundamental aim of legal ethics is to maintain honour, dignity of legal profession to
ensure the spirit of friendly co-operation. Legal ethics are crucial as this assist the law to
navigate the interest in terms to work and to take steps to promote greatest good.
For example- The case example of professional competence as B & ANOR V SECRETARY OF
STATE FOR THE HOME DEPARTMENT & ANOR [2012] EWHC 3770 (ADMIN) - 20TH
DECEMBER 2012 highlighted the significance of professional competence and observation of
duty that owed to court to act in the interest of justice in the context of asylum and immigration
cases. Within the case of asylum and immigration, the court offers the generous service within
the time of hours and speed of decision making. It is crucial that lawyers undertakes the cases
that have the proper knowledge of the law that needs to put forward competent arguments. In the
two present cases, the duty to the court was overlooked but more seriously there was a lack of
professional competence.
Description on duties of care owned specifically to codes of conduct.
Professional negligence is defined as breach of duty of care. It can be happen among law
professionals and their client (5). Therefore, the duty of law can be defined as the common law
arrangement in which client expects to maintain the level of professionalism and standards.
Henceforth, Duty of care can be termed out as broader legal that assist to protect the
individuals from other and this engaged in activities that potentially harm if precaution are not
taken. It is also covers the situation in which individuals can get suffered from economical and
social damages in terms to poor advice or conduct. In addition to this, principle of duty of care is
defined as the obligation that directs to avoid omission that can be reasonably foreseen to injure
any individual in terms to harm to other people (The importance of ethics to legal profession,
2019.). It is defined the risk needs to be anticipated for clients and care must be taken in order to
5 Bates, J.D. and Hertig, C.A., 2020. Ethics and Professionalism. In The Professional
Protection Officer (pp. 471-480). Butterworth-Heinemann.

prevent from harm. There are three principles that is needs to be maintain in terms to taking
better practices to Duty of care-:
 Principle of Neutrality- Lawyer should not seek to advance the interest of client within
the boundaries of laws.
 Principle of Neutrality- The lawyer must be considered the morality of client not the
particular actions that taken advance the cause of client as these both are lawful.
 Principle of non accountability- If any lawyers adheres the above two mentioned
principles. Also, any third party observes the lawyer as wrongful in the moral terms.
Code of conduct-
The code of conduct termed out as the set of rules that outlines the things as norms, rules
and responsibilities of the proper practices of an individual. Therefore, these are outlined as-:
Solicitors code of conduct- It is termed out as the set of rules and regulation that is based on
standard of professional conduct that is expected of solicitors within the England & Wales,
European lawyers and other recognised bodies (6). Henceforth, there are some rules that reflect
the outcomes that mainly considered the regulations of solicitors and provide guidance as per the
set professional standards to carry out the duty of care to the clients. Henceforth, principle of
code of conduct under it are outlined as-:
 To uphold the rule of law and also allows the proper administration of justice.
 To act with the integrity.
 This will not allow the independence in relation to be compromised.
 It provides the proper standard of service to the clients.
 This leads to comply with all kind obligation in terms to legal and obligatory to deal with
regulators within the timely and co-operative manner.
For example- The case law example as Comcare v John Holland Rail Pty Limited (No. 3) [2011]
FCA 164), in this the application was made with undertaking following communication between
the associates judges and applicant solicitor. This has been occurred with prior knowledge and
consent to the respondents.
Attorney code of conduct- It is defined as principles and rules that can be conduct in terms to
attorney. This is term that aids to full-fill the professional responsibilities. So, there can be
6 Nuna, M., Kodai, D.A. and Moonti, R.M., 2020. Code of Ethics and the Role of
Advocates in Providing Legal Aid to the Poor. Indonesian Journal of Advocacy and Legal
Services. 1(2). pp.259-274.

effective preserve to dignity, respect and legal profession (7). Under this, code of conduct this has
been mentioned that it is crucial to preserve the confidentiality of any information that is acquire
from client and this rendering the legal assistance specifically in terms to representation or
defence. This is the code that ensure that lawyers must follow the law and pursue the justice.
CONCLUSION
Hereby, this can be summarized that profession and law of ethics is defined as the code
of conduct that aids to govern the proper professional behaviour that assist to establish nature of
obligation that mainly owned to individuals and society. The present report has covered the topic
about legal ethics in terms to profession of Lawyer. Furthermore, study has covered the ethical
impacts in terms to profession of law. Also, code of conduct and duty of care needs to be defined
in terms to maintain the professional ethics to law.
7 Xu, Z., Zayed, T., Lin, Y.H., Wang, S. and Li, H., 2020. Relationship between Social
Media and ASCE Code of Ethics: Review and Case-Based Discussion. Journal of Civil
Engineering Education, 146(2), p.05019002.

REFERENCES
Books and journals
1. Atkins, K., De Lacey, S. and Ripperger, R., 2020. Ethics and law for Australian nurses.
Cambridge University Press.
2. Herzog, L., 2019. Professional ethics in banking and the logic of “Integrated Situations”:
Aligning responsibilities, recognition, and incentives. Journal of Business Ethics. 156(2).
pp.531-543.
3. Carminati, L., 2019. Between ethics and law. Society and Business Review.
4. Bates, J.D. and Hertig, C.A., 2020. Ethics and Professionalism. In The Professional
Protection Officer (pp. 471-480). Butterworth-Heinemann.
5. Nuna, M., Kodai, D.A. and Moonti, R.M., 2020. Code of Ethics and the Role of Advocates
in Providing Legal Aid to the Poor. Indonesian Journal of Advocacy and Legal Services.
1(2). pp.259-274.
6. Xu, Z., Zayed, T., Lin, Y.H., Wang, S. and Li, H., 2020. Relationship between Social
Media and ASCE Code of Ethics: Review and Case-Based Discussion. Journal of Civil
Engineering Education, 146(2), p.05019002.
Online
The importance of ethics to legal profession. 2019. [Online]. Available through:
<http://www.paclii.org/journals/fJSPL/vol06/8.shtml>
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