Can a lawyer act ethically and at the same time act in the best interest of his or her client?
2006-08-19 12:56:30 · 16 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I'm still looking for a lawyer that tells the truth!..
2006-08-27 06:30:38 · answer #1 · answered by ♪♫♪♫♪♫♪♪♫♪♪♫♪♫♪♫♪♪♫♪♫♪♫♪ 5 · 1⤊ 0⤋
A lawyer is bound by the law society's code of conduct to act in the best interests of the client at all times.
If you asking whether a lawyer can act for a client he knows is guilty of an offence then the theoretical answer is no. The reason being that a lawyer is an office of the court so his duty to the court to act honestly taks precedence over the duties owed to the client.
2006-08-27 09:38:25 · answer #2 · answered by Salacity 2 · 0⤊ 0⤋
Sq, You should have been a little bit more specific with your question. When you say .. "CAN A LAWYER ACT ETHICALLY AND AT THE SAME TIME ACT IN THE BEST INTEREST OF HIS/HER CLIENT". Not all lawyers, but most of them are not "ETHIC", because they act in the best interest of his/her client, and their money of course. May i ask you a question: Do you think the Lawyer of a Narcotraffic that is defending his/her cause, is Ethic?. The Lawyer of that one who Rape a child, could be Ethic ?. They always deffend the client best interest, but the ethic, is a thing of personality, something moral. No matter with your profession, it is with you.. and depending of your ethic, you choose your clients.
2006-08-19 13:29:07 · answer #3 · answered by NA 4 · 0⤊ 0⤋
This is a serious question that deserves a serious answer. The answer lies in the true meaning of ethics. If you understand what ethics means then you've cracked it. I will tell you. Ethics is a relative value. That is to say one mans ethics is anothers non starter. Therefore if a client (even if criminal) should pay a lawyer to represent them, then the lawyer should see ethics from the point of view of the criminal. That is to say the client is always right. There would be no conflict here.
2006-08-19 13:09:20 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Solicitors in England and Wales are required to operate subject to very strict rules of professional conduct which are set and regulated by the Law Society of England and Wales. A solicitor MUST not accept instructions from a client if he will not conduct his client's case in the most competent manner possible. If a solicitor is doubtful about the innocence of an alleged criminal, he can only accept the instruction if he is certain that his doubts will not compromise the performance of his job. In other words, it is not the job of the lawyer to adjudicate on the guilt or innocence of an lleged criminal - that is the responsibility of the court.
Under English law, a person is innocent until found by a court - not by a lawyer - to be guilty. If an alleged criminal tells a lawyer that he is responsible for the crime for which he is charged, that lawyer CANNOT present evidence in court to suggest his client's innocence. Nor can he advise his client to plead not guilty. All the lawyer can do is require the prosecution to prove his client's guilt. If his client is found guilty, the lawyer can also make a plea in mitigation (a request for the court to be lenient).
The question reflects a common misunderstanding of the role of courts and lawyers in our society. But then again it is not a bad thing to ask the question - you cannot know everything.
2006-08-22 05:12:44 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Acting in the best interests of ones' clients is ethical
2006-08-27 11:35:52 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Lawyers definitely have the negative stereotype of being liars. I believe that if the lawyer is sure that the person they are defending is innocent, then their act is ethical. If the layer is certain that his client is guilty, then obviously they are living up to their stereotype as liars, and lying is never ethical.
2006-08-27 01:14:31 · answer #7 · answered by Anonymous · 0⤊ 0⤋
some more lack of knowledge is apparent here in the answers by some, solicitors are regulated by conduct rules which are very detailed on certain ethics, they are officers of the court and the duty to the court overrides duty to the client. If a client has trying to mislead the court, then the solicitor must decline to act.
2006-08-22 04:15:10 · answer #8 · answered by logicalawyer 3 · 0⤊ 0⤋
Every person must be assumed to be innocent until proven guilty. Our Justice system could not work without defense lawyers. The defense lawyer is lawfully and ethically responsible for providing the best defense possible for his client. This may include negotiating a reasonable sentence for a crime. It would be immoral, illegal, and unethical for him to fail to do his job to the best of his ability. Contrary to popular belief, many innocent people are charged with crimes they didn't commit. If it happened to you, wouldn't you want the best lawyer you can find to help you prove your innocence?
2006-08-26 21:10:17 · answer #9 · answered by 2307Connie 2 · 0⤊ 1⤋
A lawyer who does not follow the ethical guidelines set down by their governing body leaves themselves open to disciplining from it
2006-08-22 05:23:49 · answer #10 · answered by ligiersaredevilspawn 5 · 0⤊ 1⤋
You appear to be making a common error. It seems you confuse Ethics with Morality.
2006-08-19 15:00:55 · answer #11 · answered by STEVEN F 7 · 0⤊ 0⤋