What is the practice of law? Is it about really about truth and fairness? Or do many lawyers think that law is the use of a technicality by which injustice is justified and justice becomes unjust. It is constant distortion of truths by which truth vanishes and injustice is believed and fulfilled. It is a skill, an art and a profession for exploitation. Ironically, we need the honest and deeply moral lawyers to fight for the rights of those maltreated by the legal system. And it is with the strength of these few hero’s that we believe in the hope of justice.
2006-11-10 04:22:15 · 5 answers · asked by EM-water2 6 in Politics & Government ➔ Law & Ethics
Pretty much the answer I expected. Lawyers that use technicalities to twist truth is immoral, not moral. That comment is of itself a distortion of truth. For just one example, like the 100 licensed lawyers "according to board of bar examiners - moral and ethical" that victimized over 20 thousand US consumers through using a contractual technicality, (ie stealing) rather than doing what is right and moral. There are a plethora of examples like this.
http://www.ftc.gov/os/2003/05/leasecommcmp.htm
2006-11-10 05:57:28 · update #1
The practice of law is the profession of giving legal advice, and acting as a representive of your client. As noted above, that goal is different than the ethical rules which govern such practice.
As others have commented, there are specific rules that govern the conduct of attorneys. While the details vary by state, most are pretty similar, and demand honesty with the client and the court, fairness, confidentiality, loyalty, integrity, and avoiding conflicts of interest or self-serving actions.
Sadly, there are many attorneys who violate those codes of ethics, either occasionally by being enthusiastic, or deliberately cheating as a means of gaining a tactical advantage. And those who do hurt the reputation of the profession for everyone else.
2006-11-10 06:41:16 · answer #1 · answered by coragryph 7 · 0⤊ 0⤋
You seem to have already made up your mind.
A lawyer has an ethical duty to represent their client to the utmost of their ability and to the standard of the law. If they have a technical argument they must make that argument. Our judicial system is designed to give the utmost protection to those accused or crimes or torts.
Like in anything, there are lawyers that are less than honest with how they operate. But as a lawyer myself, I hold no grudges with a lawyer that uses technical means to secure a positive result for their client. That is their job. They would be immoral if they did not do that.
The lawyers that I have a problem with are the ones that skirt the rules, by not turning over discoverable material, distorting the truth on the record, saying one thing to opposing counsel but doing something completely contrary, etc.
Knowing the law, and using the law to your advantage is the best practice of law. And to claim this is a distortion of the truth shows a complete lack of understanding to the judicial system as a whole.
2006-11-10 04:49:14 · answer #2 · answered by strangedaze23 3 · 0⤊ 0⤋
Your question asks about the practice of law, but then you ask about ethics.
I am in my third year of law school and I just took the Multistate Professional Responsibility Exam. There are rules to the legal profession. very strict rules. and if there is a possibility that a lawyer i know broke those rules, i am requires to turn them in.
One of those rules is dealing fairly and honestly with the court and your opponent. But another rule is to zealously advocate for your client. There is a gray line between the two
2006-11-10 04:29:33 · answer #3 · answered by BigD 6 · 0⤊ 0⤋
it's all so confusing... you have just got to find a good lawyer...
2006-11-10 04:25:19 · answer #4 · answered by LittleLady 5 · 0⤊ 0⤋
It means they're not good at it yet......
2006-11-10 04:32:34 · answer #5 · answered by camapan3lla 1 · 0⤊ 0⤋