What Document Serves As A Guideline For Employees About Professional Behavior And Etiquette?

PREAMBLE: A LAWYER'S RESPONSIBILITIES

[1] A lawyer, equally a fellow member of the legal profession, is a representative of clients, an officeholder of the legal arrangement and a public citizen having special responsibility for the quality of justice.

[2] As a representative of clients, a lawyer performs various functions. Every bit counselor, a lawyer provides a customer with an informed agreement of the client's legal rights and obligations and explains their practical implications. Every bit advocate, a lawyer zealously asserts the client's position under the rules of the adversary system. As negotiator, a lawyer seeks a issue advantageous to the client just consistent with requirements of honest dealings with others. Every bit an evaluator, a lawyer acts by examining a customer'due south legal affairs and reporting about them to the client or to others.

[3] In addition to these representational functions, a lawyer may serve every bit a third-party neutral, a nonrepresentational role helping the parties to resolve a dispute or other thing. Some of these Rules apply straight to lawyers who are or have served every bit third-political party neutrals. See, e.g., Rules ane.12 and 2.four. In addition, there are Rules that utilize to lawyers who are non active in the practice of law or to practicing lawyers even when they are acting in a nonprofessional capacity. For example, a lawyer who commits fraud in the conduct of a business is subject to discipline for engaging in conduct involving dishonesty, fraud, cant or misrepresentation. Run across Dominion 8.4.

[4] In all professional functions a lawyer should exist competent, prompt and diligent. A lawyer should maintain advice with a client concerning the representation. A lawyer should go on in conviction information relating to representation of a client except then far as disclosure is required or permitted by the Rules of Professional Conduct or other law.

[v] A lawyer's conduct should adapt to the requirements of the constabulary, both in professional person service to clients and in the lawyer'south business and personal diplomacy. A lawyer should use the police force'south procedures only for legitimate purposes and non to harass or intimidate others. A lawyer should demonstrate respect for the legal organisation and for those who serve information technology, including judges, other lawyers and public officials. While information technology is a lawyer'due south duty, when necessary, to challenge the rectitude of official action, information technology is likewise a lawyer'south duty to uphold legal procedure.

[6] Every bit a public denizen, a lawyer should seek improvement of the police, admission to the legal system, the administration of justice and the quality of service rendered past the legal profession. Every bit a member of a learned profession, a lawyer should cultivate noesis of the police beyond its use for clients, employ that cognition in reform of the constabulary and work to strengthen legal education. In add-on, a lawyer should further the public'southward understanding of and confidence in the dominion of law and the justice organisation because legal institutions in a constitutional democracy depend on popular participation and back up to maintain their authority. A lawyer should be mindful of deficiencies in the administration of justice and of the fact that the poor, and sometimes persons who are non poor, cannot afford adequate legal assistance. Therefore, all lawyers should devote professional time and resources and employ borough influence to ensure equal admission to our system of justice for all those who because of economic or social barriers cannot afford or secure adequate legal counsel. A lawyer should aid the legal profession in pursuing these objectives and should help the bar regulate itself in the public interest.

[7] Many of a lawyer's professional responsibilities are prescribed in the Rules of Professional Deport, as well equally substantive and procedural constabulary. However, a lawyer is also guided past personal conscience and the approbation of professional person peers. A lawyer should strive to achieve the highest level of skill, to improve the police and the legal profession and to exemplify the legal profession's ideals of public service.

[viii] A lawyer'southward responsibilities as a representative of clients, an officer of the legal system and a public denizen are unremarkably harmonious. Thus, when an opposing political party is well represented, a lawyer can be a zealous abet on behalf of a client and at the same time assume that justice is existence done. So besides, a lawyer can be sure that preserving customer confidences usually serves the public interest because people are more likely to seek legal advice, and thereby heed their legal obligations, when they know their communications will be private.

[nine] In the nature of constabulary exercise, however, conflicting responsibilities are encountered. Virtually all difficult upstanding bug arise from conflict betwixt a lawyer's responsibilities to clients, to the legal system and to the lawyer'due south ain interest in remaining an ethical person while earning a satisfactory living. The Rules of Professional Comport ofttimes prescribe terms for resolving such conflicts. Within the framework of these Rules, however, many hard bug of professional person discretion can arise. Such issues must be resolved through the exercise of sensitive professional and moral judgment guided by the basic principles underlying the Rules. These principles include the lawyer's obligation zealously to protect and pursue a client'south legitimate interests, inside the bounds of the law, while maintaining a professional, courteous and ceremonious attitude toward all persons involved in the legal organisation.

[10] The legal profession is largely cocky-governing. Although other professions also have been granted powers of cocky-authorities, the legal profession is unique in this respect considering of the close relationship between the profession and the processes of government and constabulary enforcement. This connexion is manifested in the fact that ultimate authorisation over the legal profession is vested largely in the courts.

[11] To the extent that lawyers meet the obligations of their professional person calling, the occasion for government regulation is obviated. Self-regulation as well helps maintain the legal profession'due south independence from regime domination. An contained legal profession is an of import force in preserving regime under police force, for abuse of legal authority is more readily challenged by a profession whose members are not dependent on government for the right to practice.

[12] The legal profession'south relative autonomy carries with information technology special responsibilities of self-government. The profession has a responsibility to assure that its regulations are conceived in the public interest and not in furtherance of parochial or cocky-interested concerns of the bar. Every lawyer is responsible for observance of the Rules of Professional Conduct. A lawyer should also aid in securing their observance past other lawyers. Neglect of these responsibilities compromises the independence of the profession and the public interest which it serves.

[13] Lawyers play a vital office in the preservation of society. The fulfillment of this role requires an understanding by lawyers of their relationship to our legal system. The Rules of Professional Carry, when properly applied, serve to ascertain that relationship.

Scope

[xiv] The Rules of Professional Carry are rules of reason. They should be interpreted with reference to the purposes of legal representation and of the law itself. Some of the Rules are imperatives, cast in the terms "shall" or "shall not." These ascertain proper behave for purposes of professional subject area. Others, generally cast in the term "may," are permissive and define areas under the Rules in which the lawyer has discretion to exercise professional judgment. No disciplinary action should exist taken when the lawyer chooses non to human activity or acts within the bounds of such discretion. Other Rules define the nature of relationships between the lawyer and others. The Rules are thus partly obligatory and disciplinary and partly constitutive and descriptive in that they define a lawyer'south professional role. Many of the Comments use the term "should." Comments do non add together obligations to the Rules simply provide guidance for practicing in compliance with the Rules.

[fifteen] The Rules presuppose a larger legal context shaping the lawyer'southward office. That context includes courtroom rules and statutes relating to matters of licensure, laws defining specific obligations of lawyers and substantive and procedural constabulary in full general. The Comments are sometimes used to alert lawyers to their responsibilities under such other law.

[16] Compliance with the Rules, as with all law in an open club, depends primarily upon agreement and voluntary compliance, secondarily upon reinforcement by peer and public opinion and finally, when necessary, upon enforcement through disciplinary proceedings. The Rules do not, withal, exhaust the moral and ethical considerations that should inform a lawyer, for no worthwhile man activity tin can be completely defined by legal rules. The Rules simply provide a framework for the ethical practice of law.

[17] Furthermore, for purposes of determining the lawyer'south potency and responsibility, principles of noun police external to these Rules determine whether a client-lawyer relationship exists. Virtually of the duties flowing from the client-lawyer relationship attach only after the customer has requested the lawyer to render legal services and the lawyer has agreed to practice and so. But there are some duties, such as that of confidentiality under Rule i.6, that adhere when the lawyer agrees to consider whether a client-lawyer relationship shall be established. Run into Rule 1.xviii. Whether a client-lawyer relationship exists for any specific purpose tin depend on the circumstances and may be a question of fact.

[eighteen] Under diverse legal provisions, including ramble, statutory and common constabulary, the responsibilities of government lawyers may include authority apropos legal matters that ordinarily reposes in the customer in private client-lawyer relationships. For example, a lawyer for a government agency may have authority on behalf of the authorities to decide upon settlement or whether to appeal from an adverse judgment. Such authorization in various respects is generally vested in the attorney general and the state's chaser in state regime, and their federal counterparts, and the aforementioned may be true of other government police officers. Besides, lawyers under the supervision of these officers may be authorized to correspond several government agencies in intragovernmental legal controversies in circumstances where a individual lawyer could not represent multiple private clients. These Rules do not abrogate any such authorization.

[nineteen] Failure to comply with an obligation or prohibition imposed by a Dominion is a footing for invoking the disciplinary procedure. The Rules presuppose that disciplinary cess of a lawyer'due south acquit volition be made on the basis of the facts and circumstances as they existed at the time of the conduct in question and in recognition of the fact that a lawyer oft has to act upon uncertain or incomplete show of the situation. Moreover, the Rules presuppose that whether or not discipline should be imposed for a violation, and the severity of a sanction, depend on all the circumstances, such equally the willfulness and seriousness of the violation, extenuating factors and whether there have been previous violations.

[xx] Violation of a Dominion should not itself give ascent to a crusade of action against a lawyer nor should it create any presumption in such a case that a legal duty has been breached. In addition, violation of a Rule does not necessarily warrant any other nondisciplinary remedy, such as disqualification of a lawyer in awaiting litigation. The Rules are designed to provide guidance to lawyers and to provide a structure for regulating conduct through disciplinary agencies. They are not designed to exist a basis for civil liability. Furthermore, the purpose of the Rules tin be subverted when they are invoked by opposing parties as procedural weapons. The fact that a Rule is a merely basis for a lawyer'due south cocky-assessment, or for sanctioning a lawyer under the administration of a disciplinary authority, does non imply that an antagonist in a collateral proceeding or transaction has continuing to seek enforcement of the Rule. Notwithstanding, since the Rules do establish standards of comport by lawyers, a lawyer's violation of a Rule may exist evidence of breach of the applicative standard of conduct.

[21] The Comment accompanying each Rule explains and illustrates the pregnant and purpose of the Rule. The Preamble and this annotation on Telescopic provide full general orientation. The Comments are intended every bit guides to estimation, just the text of each Rule is authoritative.

Preface | Chairperson'due south Introduction | Ideals 2000 Chair'south Introduction | Table of Contents

What Document Serves As A Guideline For Employees About Professional Behavior And Etiquette?,

Source: https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/model_rules_of_professional_conduct_preamble_scope/

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