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Legal ethics in law
Ethical dilemma found within the lawyers
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Integrity means the quality of being honest and having strong moral principles. I believe that once a lawyer takes the oath to uphold the law, integrity should become their number one priority. All the ethics’ codes that lawyers must stand by have clear guidelines and disciplinary consequences if not upheld.
The opposite of integrity for a lawyer is corruption. Corruption is defined as dishonest or fraudulent conduct by those in power. Lawyers who take their knowledge of law and use it against their clients and the legal system are corrupt. The top five corruption practices have been documented in an article published by cracked.com and are as follows:
A divorce lawyer taking the feelings of their already distressed client and manipulates
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We are not talking about the run of the mill extra money either, we are talking about millions of dollars. Everyone has different ethical standards and there is always that point where you chose to cross the line or not. Think about the lawyer who opens life insurance policies for the soon to be deceased, that attorney hasn’t really hurt anyone, just made a profit by being smart. What harm was really done there? The injured party is already deceased. The family didn’t know the policies were even there. Where was the line that turned from honest to dishonest? In the eyes of that lawyer, it isn’t wrong because no one was …show more content…
A lawyer shall treat their client’s interests as the most important above anyone else and their own interest.
Undertaking. A lawyer must honor any client they take on and perform any work in a timely manner.
Client’s Freedom. A lawyer shall respect a client’s freedom to chose any lawyer they want.
Client Property. A lawyer shall account for and keep a client’s property safe and separate from the lawyer’s property.
Competence. A lawyer shall carry out their work in a competent and timely manner.
Fees. A lawyer is entitled to fees for work and shall not charge an unreasonable fee or generate unnecessary work (IBA).
The basic purpose of rules on integrity in the legal profession is to keep the professional conduct of an attorney honest in order to avoid the potential for corruption. These laws are necessary because of the corrupt lawyers described above. There is clear disciplinary action in place to keep a lawyer honest. The Oregon State Bar has a Board of Directors who investigate every complaint that comes into their office. Many claims are set aside as frivolous and do not need any further action, but others warrant investigation and under some circumstances suspension of a lawyer’s license, sanctions against them financially, imprisonment, forced resignation of their law degree and closing of their law practice (Disciplinary Rule
A Paralegal is defined by the American Bar Association as a person, qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity and who performs specifically delegated substantive legal work for which a lawyer is responsible. Paralegals work under direct supervision of an attorney and follow the same ethical rules of the ABA as a lawyer does. ABA Rule 5.3, states that a lawyer must give such assistants appropriate instruction and supervision concerning the ethical aspects of their employment, particularly regarding the obligation not to disclose information relating to representation of the client, and should be responsible for their work product. Per the State B...
Realizing Ethical Issues Helps You Avoid Unethical Behaviors In this age of change, the human society is progressing rapidly on various fields. However, the ethical problems are becoming increasingly severe. According to the teaching notes of “In It To Win: The Jack Abramoff Story,” “During the Bush Administration, Abramoff was the most influential lobbyist in Washington, D.C. His excesses led to his downfall and that of Congress members with whom he was closely connected, including aides, business associates, government officials, and lawmakers.”
Criticisms of lawyers are the topic in Richard A. Wasserstrom's article "Lawyers as Professionals: Some Moral Issues." Wasserstrom broke this topic into two main areas of discussion. The first suggests that lawyers operate with essentially no regard for any negative impact of their efforts on the world at large. Analysis of the relationship that exists between the lawyer and their client was the second topic of discussion. "Here the charge is that it is the lawyer-client relationship which is morally objectionable because it is a relationship which the lawyer dominates and in which the lawyer typically, and perhaps inevitably, treats the client in both an impersonal and a paternalistic fashion."
Corruption is an individual and institutional process where there is a gain by a public official from a briber and in return receives a service. Between the gain and the service, there is an improper connection, (Thompson p.28). The two major categories of bribery is individual and institutional corruption. Receiving personal goods for the pursuit of one’s own benefit is personal fraud. An example of individual distortion is the financial scandal involving David Durenberger. Organizational corruption involves “receiving goods that are useable primarily in the political process and are necessary for doing a job or are essential by-products of doing it,” (Thompson p.30). An instance of institutional fraud is the Keating Five case. There are also times where there is a mixture of both individual and organizational corruption in a scandal. An example of this diverse combination is James C. Wright Jr. actions while he was the Speaker of the House.
Reasoning: The Court held that Mr. Faretta has the constitutional right to refuse appointed counsel. However, he may not complain later that he received inadequate assistance of and to legal counsel.
Imagine a tall slim man dressed in a very respectable iron pressed suit, with a tie that’s perfect length and fits nicely with the colors of his blazer. To go along with his suit, he carries a very affluent briefcase with a matching belt and shoes. This is the typical perception from students of someone that works in the legal profession, including the consumption of time spent on only work along with having a very stern look. However, a look at how it’s shown in the film To Kill a Mockingbird, it shows that things like standing for justice, having integrity, and being family-oriented plays a huge role in the lives of lawyers.
Paralegals are professionals who assist or support lawyers with their work (Westwood College). Supporting qualified lawyers includes a variety of tasks. When an attorney’s case goes to court, paralegals prepare motions and pleadings, in addition to organizing and cataloguing relevant trial documents (Westwood College). Paralegals also locate and interview witnesses; conduct investigations; conduct legal research; and summarize depositions, interrogatories and testimony (The National Association of Legal Assistants). In addition, the Business and Professions Code Section 6450(a) states that “Tasks performed by a paralegal include, but are not limited to, case planning, development, and management; legal research; interviewing clients; fact gathering and retrieving information; drafting and analyzing legal documents; collecting, compiling, and utilizing technical information to make an independent decision and recommendation to the supervising attorney; and representing clients before a state or federal administrative agency if that representation is permitted by statute, court rule, or administrative rule or regulation” (Business and Professions Code Section 6450(a)).
To summarize, the three main ethical issues that arise in this problem are those of duty of confidentiality towards my client, conflict of interests and duties owed to the court. Even though at a first glance they might seem to be raising some difficulties, each of these matters can be resolved through tact, good communication and a diligent behaviour.
Small law firms offer the paralegal a chance to work in many different areas of law and allow them to provide many different services while working on...
Additionally, like I mentioned in the beginning, in terms of beneficence, its principle stipulates that ethical theories should strive to achieve the greatest amount of good because people benefit from the most good. In respect for autonomy an ethical theory should allow people to reign over themselves and to be able to make decisions that apply to their lives. This means that people should have control over their lives as much as possible because they are the only people who completely understand their chosen type of lifestyle. The justice ethical principle states that ethical theories should prescribe actions that are fair to those involved. Due to this, code of ethics were put in place for the well being of these professionals and their clients so that in all act on each party’s behalf there will be some sort of
The paralegal profession developed as legal secretaries assumed additional duties to help attorneys with their workload. The paralegal performs legal tasks under the supervision of an attorney that maximizes attorneys' productivity and cost efficiency in the delivery of legal services. Paralegals work in many different types of law firms, corporations or government agencies in many areas of law (Hollingshead). All duties performed by a paralegal are under the supervision of an attorney who is responsible for the paralegal’s conduct. In fact, the American Bar Association Standing Committee on Paralegals define paralegals or legal assistants [used synonymously] as a person qualified by education, training or work experiences, who is employed or retained by a lawyer, law office, corporation, government agency, or other entity who performs specific delegated legal substantive work for which a lawyer is responsible (ABA). In class, we learne...
Dobel (1999), reports integrity is a balance between personal moral commitments and capacities, obligation of office and political judiciousness. The person has the ability to use a self-conscious reflection, honesty and avoids
According to A Report issued by the Justice Policy Institute, it showed that in 2002 the number of African American males in prison have grown to five times the rate it was twenty years ago (“Prison”). Many have speculated that reasons the population of African Americans in prison are so high is that the Justice System is corrupted and shows that Racism is alive and well. In some cases they may have been guilty, but there should never be a case were a citizen was striped from their rights and accused of a crime they didn’t commit or was protecting themselves from being killed. The Justice System is corrupted towards the African American race because they are given poor legal representation, death penalty with insufficient evidence and longer sentences than any other races that statistics can show.
The Paralegal Professional, A reference to the source of legal information chapter 12, pages 434, 446, and 454.
Montesh, M. (n.d.). Conceptualizing Corruption: Forms, Causes, Types and Consequences. Retrieved May 4, 2014, from