An attorney plays different roles in the society, and it is a professional obligation to ensure that he discharges these duties zealously. In principal, a lawyer has a duty to his client, the society, and the court. The duty to the court requires the attorney observes the rules of the court this include adherence to the stipulated dress code and abstinence from acting in a manner that is contempt of the court. The duty to the society entails the responsibility of the lawyer oversee public awareness of their human rights. Also, a lawyer is mandated to take up pro bono cases that are considered as a gesture of goodwill and an effort to promote justice in the society.
However, an attorney’s fundamental duty is towards his client. The relationship between a lawyer and his client is considered to be a fiduciary, contractual and agency relationship. The ethical obligations are legally enshrined in common law, statutes, codes of conducts and ethics and general principles. In this regard, this article will aim to articulate the essential duties and obligations of an advocate towards his client.
During the subsistence of the attorney/client relationship, the advocate is bound by law to withhold any type of information exchanged from a third party. The attorney shall only disclose such information with the express consent of his client. The attorney-client privilege extends to a wider scope to include clerks and other employees of the attorney that were privy to critical information during the relationship.
Honesty and good faith
In essence, this duty requires that the attorney must always protect the interests of his clients. The interests of the client must always take precedent over anyones including those of the attorney himself. Abstinence of matters that may create a conflict of interests are ways through which an attorney exercises good faith.
A lawyer is trained and equipped with adequate skills to represent different clients effectively. Therefore the attorney is ethically bound to exercise due skill, knowledge, and diligence to advance the interests of his clients competently. A client that suffers from the incompetence of an attorney can lodge a complaint that may lead to the disbarment of the attorney on record.
An advocate on record must always endeavor to disclose profits that accrue from the subject matter. The lawyer must always present accounts showing the money that has been received on his behalf as well as the money used in furtherance of the case.…
There are many incidents which may require you to seek the services of a lawyer. Examples include when you are facing a criminal trial, seeking compensation after personal injury, and signing contracts among many others. The lawyer that you get will play a major factor in determining the outcome of your particular case. You should, therefore, make careful considerations when choosing the lawyer, if you want to get the best outcome.
Main considerations to make when choosing a lawyer
Many individuals practice law. Choosing the most suitable one for your case might be a bit of a challenge, especially if you do not know what to look for in a lawyer. Below are four main considerations to make, which will help you make a good choice.
The first thing that you need to be certain of is the qualification of the lawyer. He should have studied law in a credible institution. The lawyer should also be licensed to practice law. You simply need to ask for copies of his credentials and confirm that they are valid.
Choosing a lawyer who has lots of experience can work well to your advantage. An experienced lawyer is likely to have dealt with many cases that are similar to yours. He will probably know all the tricks and tactics to use, in order to get the best outcome. You should also check how the lawyer performed in previous cases. Choose a lawyer that has a good track record of winning his cases. A good lawyer should have all these information in a file and offer it to you upon request.
Lawyers usually work for a fee. You should find out the approximate amount that you would have to part with for you to retain the lawyer. Ensure that the fee is within your budget limits to avoid any inconveniences as your case progresses. Good lawyers who have lots of experience may charge a bit more expensive, but they are usually worth every penny. If you cannot afford them, however, you can still find a great attorney without having to break the bank.
Most people usually do not consider this factor. You need to ensure that you are okay with the personality of the attorney. He should be able to communicate with you effectively, regardless of your knowledge of the law. You should feel comfortable enough to open up to the attorney about anything regarding your case.…