Legal Counsel - 1st Assignment

 

  Legal Counseling and Social Responsibility 1. Legal Legal Counse Counselin ling g - According to Blacks' Law Dictionary, counsel means advice and assistance given by one person to another in regard to a legal matter, proposed line o  conduct, cond uct, claim claim or contention contention!! As a matter matter o act lawyers lawyers are also also legal cou counsel nsels! s! Coun Counsell sellor or is an attorney"" lawyer" member o the legal proession attorney proession who gives legal advice and handl handles es the legal a#airs o client, including i necessary appearing on his or her behal in civil, criminal or administrative administrative action and proceedings!   Lawyers counsel the client in deciding how his problem can be sorted out under the laws! Legal counselling is the process by which a lawyer communicates communicates advice to a client! 2. Importance of Legal Counseling  $o  $o help the person talk about, e%plore e%plore and understand his or her thoughts and eelings and workout that what he or she might do beore taking action!  $o  $o help the person person decide on his or her own solutions! solutions! •

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3. Importance of Lawyers in the Society  $he lawyer has a particularly particularly onerous onerous and multi&dimensional multi&dimensional role to ulll! A As s e%pr e%pressed essed by (athew, )!, *A Counsel has a tripartite relationship+ one with the public, another with the court, and the third with his client! $hat is a uniue eature! -ther proessions or callings may include one or two o these relationships but no other has the triple duty!./01 $he satisaction o the obligations and e%pectations arising out o these three relationships are reuently di2cult to reconcile! $he role o the advocate in these three capacities reuires a closer scrutiny!  $he lawyer, lawyer, as a proessional, proessional, to to some e%tent, e%tent, acts on behal behal o the cl client, ient, and rrepresen epresenting ting the client! $his is particularly relevant relevant in an adversarial system o ad3udication ollowed by common law countries which is characteri4ed characteri4ed by a neutral ad3udicating authority, which, on the basis o the arguments and evidence placed beore it, arrives at a conclusion! $he role o an advocate in an adversarial system, thereore, is to represent the case o the client beore the ad3udicating authority!  $he primary primary duty o the lawyer lawyer is to inorm the court court as to the law and acts acts o the ca case se and to aid the Court to do 3ustice by arriving arriving at correct conclusion! Since the court acts on the basis o what is presented presen ted by the advocates, the advocates are under the obligation to be absolutely air to the Court! All statements should be accurate, and the advocate is under a sacrosanct sacrosanct obligation to ensure that he does not, through any act or omission lead to the possibility o misrepresentation, misrepresentation, or mislead the court or obuscate the case in any manner! 5ood and strong advocacy by the counsel is thus necessary or the good administration o 3ustice! 6iewed in this conte%t, it can be said that the lawyer is indeed the channel through which the general public can access the law, and avail o the protection o the law, in the shrine o 3ustice! 4. What is considered a practice of Law  $he celebrated celebrated case o Cayetano . !onsod provided !onsod  provided or a liberal denition o the practice o law! A portion o the decision states+ *7 any activity, in or out o court, which reuires the application o law, legal procedure, knowledge, training and e%perience! 8$o engage in the practice o law is to perorm those acts which are characteristics o the proession! 5enerally, to practice law is to give notice or render any kind o service, which device or service reuires the use in any degree o legal knowledge or skill!. 9nder the ABA rules, a person is presumed to be practicing law when engaging in any o the ollowing conduct on behal o another+ :0; 5iving advice or counsel to persons as to their legal rights or respon responsibilities sibilities or to those o others" :; ?egotiating legal rights or responsibilities on behal o a person! @hether or not they constitute the practice o law, the ollowing are permitte permitted, d, according to ABA rules+ :0; racticing law authori4ed by a limited license to practice" :; roviding Conduct! services under the supervision o a lawyer in compliance with the Rules o roessional Any person engaged in the practice o law shall be held to the same standard o care and duty o  loyalty to the client independent o whether the person is authori4ed to practice law in this  3urisdiction!!  3urisdiction

 

". Sense of #rofessional $esponsi%ility  $he obligation obligation o lawyers to adhere adhere to rules o proessional proessional conduct! roessional responsibility is the area o legal practice that encompasses the duties o attorneys to act in a proessional manner, obey the law, avoid conicts o interest, and put the interes interests ts o clients ahead o their own interests As members o a proession and as o2cers o the court, lawyers have the responsibility o ollowing rules o proessional conduct that are mandated either by a state legislature or by the highest court in the state! Rules o proessional conduct govern both the public and the private behavior o lawyers! Because they are licensed to practice by the states, lawyers who violate rules o proessional conduct are likewise likew ise disciplined by the states, not rom the ederal governmen t! $he punishment or violating a state rule o proessional responsibility ranges privategovernment! or public reprimand to suspension or disbarment :permanent disualication rom practicing law in the state;! $o the limited e%tent that they practice law, 3udges are sub3ect to the state code o proessional conduct in addition to a Code o )udicial Conduct!  $he American Bar Association :ABA; ormulat ormulated ed the (odel Rule Rules s o roessional roessional Conduct in 0= to provide uniormity and consistency in dening the proessional responsibilities o lawyers! $hough the ABA has no power to enorce the model rules, they serve as a guide or states in crating rules o  conduct! &. When not to accept a case As the client, you have an almost absolute right to hire and re your attorneys or any reason you choose :or or no reason whatsoever;! Eour attorney, on the other hand, cannot FreF you as a client at whim" he must have a valid reason! $he e%act rules that govern attorneys vary rom state to state, but in general, an attorney is reuired to withdraw rom a case in the ollowing situations+ •

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G, by representing the client, the lawyer will be violating the law or the rules o proessional conduct :such as i the lawyer is suspended rom practicing practicing law by the local attorney disciplina disciplinary ry committee;! G the lawyer is physically or mentally incapable o representing the client! G the client terminates his relationship with the attorney! -therwise, an attorney may withdraw rom a case only or valid reasons, and only i it is shown that the client's interests won't be adversely e#ected! 6alid reasons include+ Con'icts Con' icts of interest( interest(   Attorne Attorneys ys and their rms rms ar are e not per permitte mitted d to rep repres resent ent people or companie comp anies s that are adversa adversaries ries!! Gn some circum circumstan stances, ces, the lawy lawyer er may ask or per permiss mission ion :called a conict waiver; rom each party acknowledging the conict and allowing the attorney to represent both o each! G, ater the attorney has agreed to represent you, he learns that he or his rm also represents another person or company that is your adversary, and i the attorney ca can't n't get a coni conict ct wa waiv iver er rom rom bot both h you and and you yourr advers adversar ary, y, the then n the lawy lawyer er mu must st stop stop representing you! Clientt consent( Clien consent(   G you give your attorney permission to withdraw rom the case, then the attorney can stop representing you! )i*ering case strategies( Sometimes strategies( Sometimes lawyer and client won't agree on the best approach or handling a case! G you and your attorney are unable to reach agreement, then the attorney should withdraw! + cli client ent,s ,s fai failur lure e to cooper cooperate ate commun communica icate te or fulll fulll o%liga o%ligatio tions( ns( Gn or orde derr o orr an attorney to provide uality service to his client, there needs to be regular communication and interaction between the attorney and client! Eour attorney may need you to answer uestions, provide documentation and otherwise assist him so that he can give the service that you need and deserve! G, as a client, you ail to respond to your attorney's legitimate reuests, then he cannot provide you with uality representation, and may be permitted to withdraw rom your case! #ersonality con'icts+ con'icts+ Gt's human nature that sometimes people 3ust can't get along with one anoth another er!! Eour attor attorney ney is su suppo pposed sed to be you yourr best best ad advoc vocate ate,, but i the there re's 's a con conic ictt o  person per sonal aliti ities, es, it may may be imp imposs ossibl ible e or your your attor attorney ney to giv give e you the bes bestt re repr prese esenta ntatio tion n possible! + client,s failure to pay attorneys fees+ fees + As the client, you may have signed a contract when you hired your attorney, and that contract probably outlined the anticipated cost o your legal work, and your obligation to pay your attorney! Eou are hiring an attorney to perorm a service, and i you ail to pay or those services, then the attorney usually has the right to stop working on your behal! :$his is true even i you don't have a signed contract!; + client,s client,s unethical unethical fraudulent fraudulent or criminal criminal acti actiity ity++ Eour lawye lawyerr is bou bound nd by certai certain n proessional and ethical obligations! As part o those obligations, your lawyer cannot help you commit unethical, raudulent or criminal activities! G your attorney tells you that you're trying to do something illegal and you don't take his advice, the attorney can stop representing you!

 

/. Scope of lawyer0s +dice and Control . tent of Lawyer0s +uthority CA?-? 0= & A LA@EHR SIALL RHLE 9-? $IH (HRG$S -J IGS CA9SH A?D RHJRAG? JR-( A?E G(R-RGH$E @IGCI $H?DS $- G?JL9H?CH, -R 5G6HS $IH AHARA?CH -J G?JL9H?CG?5 $IH C-9R$ Rule 0=!K0 & A lawyer shall not e%tend e%traor Rule e%traordinary dinary attention or hospitality to, nor seek opportunity or cultivating cultivatin g amiliarity amiliarity with )udges! Rule 0=!K< & A lawyer shall not make public statements in the media regarding a pending case tending to arouse public opinion or or against a party! Rule 0=!K= & A lawyer shall not brook or invite intererence by another branch or agency o the government in the normal course o 3udicial proceedings! government proceedings! . 5ptions to pursue in order to start a law practice ducation @hile admission admission to the practice o law is the sole prerogative prerogative o the Supreme Court, the accred accreditation itation o  law schools alls within the competence o the Legal Hducation Board! Iowever, the Legal Hducation Board, which was established in 0=, only began operating in late