Legal Ethics: Professional Duties and Ethical Considerations Project

This project delves into the critical aspects of legal ethics within the legal profession. It examines the fundamental principles, including autonomy and non-maleficence, that guide lawyers' conduct. The project explores the importance of confidentiality, the role of the Solicitors Regulation Authority (SRA), and the professional duties lawyers undertake, such as advising clients and representing them in court. It highlights the significance of interpreting laws correctly and addressing conflicts of interest. The project discusses moral philosophies and positivist theory, emphasizing how ethics relate to legal duties and human rights. The conclusion underscores the importance of ethical conduct in building trust in the legal system and ensuring fair decisions. This project provides a detailed overview of legal ethics and professional responsibilities, offering valuable insights into the legal field.

PROJECT

ABSTRACT
Ethics refer to the morals and standards which is to be followed by the professional
regarding dealing with any person or carrying any such activity to provide justice. Usually the
main responsibility which is carried by the law profession is that they had to updates their
knowledges due to the changes in the time. The ethics which the lawyers had to carry is relating
to the beneficiaries as they take the decision which is good for the parties and also provide
benefits to them. The main legal authorities for lawyers are Solicitors Regulation Authority as
they mainly carry the charge to regulate and control the activities of the lawyers and also
imposed certain rights and duties which they work according to the set instruction. The main
impact which is raised by the lawyers in this theory is on the positivist theory in which the
lawyers carry personal interest in respect of performing the duty or also providing justice to the
parties. It is also stated in this report that lawyer carry the duty to protect the right of the human
through undertaking such step which enhances their interest and also the fair decision is to be
provided in respect of facing any conflict in their life.

Table of Contents
ABSTRACT.....................................................................................................................................2
INTRODUCTION...........................................................................................................................4
ETHICS IN LEGAL PROFESSIONS.............................................................................................4
CONCLUSION................................................................................................................................8

INTRODUCTION
Legal profession refer to such profession which is mainly carried under the terms of laws.
In respect of choosing the career in law, the person had to first opt for the law degree, and they
carry the study under the field of the law. Usually the main responsibility which is carried by the
law profession is that they had to updates their knowledges due to the changes in the time1. As
the laws are mainly amended or new laws are established in respect of facing any such issues
which is not mentioned in the constitution or such solution is referred from the common laws. In
this study, the discussion is stated regarding the ethics which is related to the lawyers
professional duties.
ETHICS IN LEGAL PROFESSIONS
Ethics refer to the norms or standards which is to be followed by the professional
regarding dealing with any person or carrying any such activity to provide justice to them. In
terms of legal ethics it refers to the principle and values which carries code of conduct or
integrity, honesty and confidentiality of the information which is shared by the person to resolve
the matters in right manner. In terms of legal profession, ethics carries six basic principles such
as autonomy, in this case every person carries some fundamental rights such as right to live, right
to freedom, right to speech, right to choose any political leaders or also right to reside in any
country2. The another ethics which is examined is relating to the Non-maleficence in which
during collecting the information, it results in not harming the person integrity and rights. The
ethics which the lawyers had to carry is relating to the beneficiaries as they take the decision
which is good for the parties and also provide benefits to them. The decision which is taken by
the judges are based on the evidences which is presented to them by the lawyers and thus the
evidences are to be collected from right places and also not affects any person status3.
1 Simon, W. H., 2016. Duties to organizational clients. Geo. J. Legal Ethics. 29. p.489.
2 Gray, P. D., 2017. Digital security and lawyers' duties. Precedent (Sydney, NSW). (139).
p.24.
3 Wendel, W. B., 2018. Lawyers' Constrained Fiduciary Duties: A Comment on Paul R.
Tremblay, at Your Service: Lawyer Discretion to Assist Clients in Unlawful Conduct.
In Fla. L. Rev. Forum (Vol. 70. p. 7).

Ethics is to maintained in such manner that parties without any carrying violence tells the
truth and resolve the matters without affecting any person integrity. Violences is one of the type
of illegal offences which affects the right of the person if they not commit any such crime or not
deal in any such illegal activity. Thus, in such manner ethics are to be maintained regarding not
affecting the integrity of the person through undertaking any violence activity. The major ethics
which is to be carried by the legal profession in their field is relating to the confidentiality of the
information4. As the major issues lies regarding not securing the information and transferring the
data to gain personal benefits. Thus, it raises the conflict with their legal profession duties, in
such manner ethics are to be maintained regarding securing the information which is shared by
the persons.
Under the Solicitors Regulation Authority, they mainly carry the charge to regulate and
control the activities of the lawyers and also imposed certain rights and duties which they work
according to the set instruction. The main role which the solicitors carry is relating to securing
the right of the public through giving commitment regarding meeting the high standards and also
acting in honest way when they identified the risk5. Thus, they mainly work under the code of
conduct which means that the appropriate rules and regulation are imposed in respect of working
under the set of direction which reduces the conflict in the society and protecting the public
interest towards the legal justice system. Thus, professional duties is to maintained through care
and skills which carried during interacting with the clients. In this, the lawyer's duty is to advice
to the clients and represent them, before the court. The another duty which they carry is relating
to using the clear and understandable languages so that they can present the views and matters in
clear form.
Legal ethics is mainly covered with the legal rules and standards as every professional
lawyers had to work under the code of conduct which is imposed to them. It is mainly related to
the moral rules and values which is carried by the lawyers regarding presenting the fair decision
or also providing judgement by carrying the ethics6. Thus, the importances of the law ethics is
4 ANDREW. KEAY, L. L. B., 2016. DIRECTORS'DUTIES. JORDAN Publishing
Limited.
5 Johnson, V. R., 2017. The Limited Duties of Lawyers to Protect the Funds and Property
of Nonclients. . Mary's J. on Legal Malpractice & Ethics. 8. p.58.

that they mainly balance the matters between the interest and work so that they can promote the
balanced judgement without any discrimination activity.
Thus, after referring the role of the legal professional or examining the principles of the
ethics in the country, it is stated that extend to which the ethics are to be related to the lawyers
professional duties are relating to the interpreting the laws in right manner7. As lawyers duty is to
be interpreted the laws before imposing or presenting any case on that point, As parliament had
input various laws for particular situation and also amended the laws due to changes in time.
Thus, it is the duty of the lawyers to interpret the laws in right way so that the judges can resolve
the cases by referring to the particular laws. The another duty which is carried under the ethic is
related to the conflict of interest. As if the lawyers is undertaking the client case, they also cannot
undertaken the case of the opposite party and earn profit through these aspects8. Thus, results in
causing conflict between the lawyers and the parties and also they are violating the norms
regarding maintaining ethics.
In this, the ethics carries two major theories such as moral philosophies and positive
theory. In case of positive law, it is mainly based upon the human behaviours as by securing the
right of the person. Thus, the relation of the ethics and legal profession as the lawyers carry the
duty to work in the set norms, regarding not infringing the right of any person9. As lawyers had
to maintain the human rights through raising such question which not affecting the status of any
person. In such manner, ethics are to be related to the legal profession through following the
duties or working under the guidances which is set under the code of conduct.
In case of moral values, very person had different set of norms or standards regarding
managing the values and standards which they carried in their life. Thus, it is the duty of the
6 Alexandru, M., 2017. JUDGE'S LIABILITY WHILE CARRYING OUT THEIR
PROFESSIONAL DUTIES. Challenges of the Knowledge Society. pp.10-14.
7 Johnson, L. D., 2018. Redefining Roles and Duties of the Transactional Lawyer: A
Narrative Approach. St. John's Law Review. 91(4). p.3.
8 Leclerc, M. E., Wemmers, J. A. and Brunet, A., 2020. The unseen cost of justice: post-
traumatic stress symptoms in Canadian lawyers. Psychology, Crime & Law. 26(1). pp.1-
21.
9 Corbin, A. M., 2018. Dilemma of Duties: The Conflicted Role of Juvenile Defenders.
SIU Press.

lawyers to take the neutral decision and not judge or take decision though examining their values
or culture. In this ethics is to be maintained through taking the decision as per viewing the
decision or the evidences collected and thus interpreting the results to secure the right of the
persons10. Before taking any decision reasonable opportunity is given to the parties regarding
presenting their evidence and then select the right method to provide justice to the parties. Thus,
the similarity between the two model is that god and man both are liable to make laws and thus
they both provide the common objectives regarding providing justice to the parties.
Thus, the main impact which is raised by the lawyers in this theory is on the positivist
theory in which the lawyers carry personal interest in respect of performing the duty or also
providing justice to the parties11. As every lawyer planned their working in respect of enhancing
their reputation through dealing in providing the ethical results, Thus, in such manner, if they are
protecting the rights of the person, they are working in ethical way and also providing the
accurate results to protect the issues of conflict between the parties12.
From the above discussion, the matter concludes that the ethics are the major aspect
which is to be carried by the lawyer during working under the Solicitor regulation authority of
the country. As through this manner, they are motivating the people to build trust on the legal
systems and also the information which they share to them are confidential and secure by the
lawyers. It is also stated that lawyer carry the duty to protect the right of the human through
undertaking such step which enhances their interest and also the fair decision is to be provided in
respect of facing any conflict. Legal professionals are such person who are authored by the
government after taking the degree of law and also completed the master. Thus, in such manner
they take the oath to work under the ethics and also carry adequate knowledges and skills
regarding implementing such laws and making changes in the exiting laws.
10 Martin, A. F., 2018. Orphans No More: A Review of Elizabeth Sanderson, Government
Lawyering: Duties and Ethical Challenges of Government Lawyers (Toronto:
LexisNexis Canada, 2018). Government Lawyering: Duties and Ethical Challenges of
Government Lawyers (Toronto: LexisNexis Canada, 2018). 41. p.2.
11 Dal Pont, G. E., 2017. Lawyers' Professional Responsibility.
12 Barker, S. and et.al., 2016. Climate change and the fiduciary duties of pension fund
trustees–lessons from the Australian law. Journal of Sustainable Finance &
Investment. 6(3). pp.211-244.

CONCLUSION
From the above study it is discussed that ethics are the values and morals which is to be
carried by the lawyers during undertaking any case of presenting the cases in the courts. In this,
the major issues which the ethics are faced regarding taking judgement is on the bases of
morality. As every person are equal in the eyes of laws and thus they carry the equal right to get
the fair decision and secures their interest to live freely in society.