Professional Responsibility
Q- What does it mean to be a lawyer?
1- Is the practice of law a profession or a business?
2- Do lawyers have clients or clients have lawyers?
A lawyer is not just a person who has studied the law, and has been licensed to carry out the duties of an attorney. Being a lawyer is more about the personality of the individual and their passion to carry out what they have studied throughout their course. There are many people who have studies that law, but they can only qualify to become experts of the law, and not lawyers. Lawyers are made up of the experiences they encounter throughout their practice. Personally I believe that besides meeting the government regulations to pass the bar, being a lawyer is more of what is in the heart than what is in the brain.
The main difference between the kinds of law experts that come from the law school is that while some of them look at their newly-gained skills as a business, others see it as a profession. Depending on this view, some of the people will misuse their newly-gained skills, while others will be convinced to believe and do the right thing. For those who consider law as a profession, their actions speaks for them, they endeavor to make the profession clean, and to ensure that justice is executed for all people and in the right way. They seem to care more about the legal profession than the monetary gains they get from their job. They are passionate about what they do, and want to have justice for their clients met first before they can ask for payment. In addition, their payment is not selfish, but just and fair. This does not mean that the lawyers work without charging any fees, it only means that they put the interests of their clients first, and their own monetary interests after successful accomplishment of their task.
On the contrary, there are lawyers who consider the practice of the law as a business. Such lawyers are often taken by many to be selfish and driven by lust for money. This does not by any mean mean that such lawyers are not zealous about their work, or that they are less qualified or hardworking. The definition of this group of lawyers is simply that they are motivated by the amount of money that they will get after the successful accomplishment of their task. In as much as they will work hard, their end goal is not the impact of their work, but the financial gain that is due after their work is done. However, there is a class of people who are able to successfully blend the two opinions, thus, they are able to see law as a blend of professionalism as well as a business. I belong to this category of people. Personally, I am able to consider law as a profession as well as a business. I take the best care I can for the interests of the client, but I am also concerned about the fees paid to me after the service. For example, if I was representing the family of a murder victim, I would work hard to ensure that justice is served, not only by having the criminal hastily sentences, but by ensuring that the suspect received fair sentencing. Otherwise, it would be very easy to sentence a wrong person, just because the fee is high. After getting justice for my client served, I would also not hesitate to ask for fees that I deserve.
In terms of lawyers having clients or clients having lawyers, I believe that as an attorney, I have the right to decide whether I want to have clients, or for clients to have me. I hold the opinion that I have the right to decide what I want to be, and how I want my career to shape out. I can choose to have a firm where clients will come in for consultancies, or choose to work for specific clients such as a family, and be forever glued to the mercies of such clients. Should I decide to go with the former option, I would have clients, but should I decide to take the latter route, clients would have me. Therefore, for me to clearly define what I will be in future, I have to decide whether I will work for clients, or whether clients will be hiring me. The line between lawyers having clients, and clients having lawyers is determined by which of these two parties has the upper hand in this kind of relationship. If the lawyer has an upper hand, then they have clients, but the vice versa means the clients have lawyers.
My law profession is also driven by the fact that I am a human being, similar to my clients and the criminals or suspects I may be hired to convict. This means that I have feelings and emotions that respond to situations like any other human beings there are times when I am taken down by the feeling of empathy, and sometimes I get irritated by the lack of remorse on the side of the accused, and this may affect my judgment. I understand that I deal with people who are not perfect. Some clients will pretend and lie, while in the real sense they just want to frame other people to have them put behind bars. There are many instances during which I am expected as a lawyer to use my human instincts to know which would be the right decision to make. In addition, while pushing for the sentencing of a criminal, I am often led to consider the effect that the sentence would have on the wife, children and the life of the convict, and this may interfere with my client’s desires. I still hold the idea that two wrongs would not solve a wrong.
In addition, I have an obligation as a lawyer to keep all the information from my client private. Sometimes, this causes a dilemma, since such information can also be implicating, when clients confide in a lawyer some information which is incriminating, or misleading in a case, and expects a lawyer to keep such information secret. There are times when clients might even confess that they are just framing the convict, and this puts a lawyer between a rock and a hard place. This means that a lawyer’s mind is filled with many secrets, of which they should never expose, even to their own spouse. All the same, there are guidelines as to when a lawyer has to call the shots and stop covering for the client. According to Model Rules 1.6 (b) of Professional Conduct, a lawyer may not expose any personal information. They can only do so, hypothetically, if their reference to a case or secret would not be directly tied to the specific client.
My law profession is based on my religious beliefs. I base my arguments and cases on the leading of my religion. I use my religious beliefs to decide on what is right and what is wrong, what is moral and what is not. I am quite aware of every action and decision that I make because I believe in the payment for one’s actions, and hence the virtue of responsibility. I believe that whatever I do or say has repercussions. This means that besides being a lawyer who abides by the law because I do not want to violate the law and ave my license withdrawn, I am also quite aware of the need to be right in the eyes of God. This means that I not only push for harsh punishments because that will make my client happy, but I am guided by what God expects of me as a professional.
A lawyer must always be guided by the desire to seek justice. This means that the lawyer must read and research to ensure that they have all the facts necessary to make right decision and guide the client well. In addition, a lawyer must ensure they give their clients a chance to speak and give all the information necessary so as to gain all the information necessary for the case to proceed. To ensure that the lawyer understands the information needed to solve the case, they must also ask necessary questions to ensure they have all the necessary information. In the process of asking, they must know what question to ask and which ones not to, and how to ask them.
A lawyer also needs to be honest, both to self and to the client. Honesty is what builds the relationship between the lawyer and the client, and builds a strong reputation for the lawyer. Honesty is one of the things that would cause a client to refer a lawyer to other people, especially if a client has a long-term working relationship with the lawyer. For example, if a lawyer has a relationship with the opponents of the client, they should not be scared of losing the client, and hide this fact. Such lawyers should come out straight and offer an alternative after giving an honest opinion of their inability to represent the client, for fear of conflict of interest, as defined Rules 1.7, 1.8, 1.9, 1.10, 1.11, 1.18, 3.9, 6.1, 6.3, 6.4. In all circumstances, the lawyer should be honest, and let the client to make a decision in light of the honesty.
In addition, the lawyer should be a person or integrity, meaning that they should never take advantage of the client, even when they clearly can. They should treat the client with the much needed care to avoid taking advantage of them, especially if they are meeting the client for the first time. This is often so in terms of the charges that the lawyer may quote. In addition, it is good to let the client know whether they are likely to win or lose the case.
Above all, it is very important for lawyers to fair, in terms of representing the client by being there when needed, and also charging a fee that is fair. This means that they should not only be fair to the clients, but also to themselves. The lawyers should not ask for fees that surpass their quality of services, neither should they ask for fees that are too low to compensate themselves. Sometimes, cases may require the lawyers to cut into their family time, but they should always be fair to their family by making up for it. Lawyers should be guided by Rule 1.5, which prohibits them from taking advantage of their clients.
Being licensed to practice law is a privilege, which is a necessary resource to encourage clients to trust and confide in their lawyers. Because of this, clients can tell their lawyers all of their secrets, and remain confident that none of those details will be disclosed or used against the client. For example, in an insurance fraud case, if a client has been sued by their insurer of not having disclosed that at the time of applying for a cover they were having a terminally ill disease, they can tell the truth to their lawyer, that in deed, they had been diagnosed, without fearing that the lawyer will misuse such information. In addition, high profile individual can trust their lawyers to a level where they can have them draft their will, as early as 20 years before the death of the client, and still keep the will a deep secret. According to Rule 1.13 (a), when a lawyer is representing an organization, the organization holds the privilege, and the client can waive the privilege if they wish to.
During my time as a professional lawyer, there may be times when I may have to mediate disputes. In this case, I have to understand how best to do this, by remaining neutral as guided by Rule 2.4. This means I have to be non-bias, and ensure I do not lean on any side, rather, help the two sides to come to an amicable solution. This would be different to when I am representing a client, as in that case, I have to lean on the side of my client.
Being a lawyer involves solving the disputes between clients and their opponents. A lawyer is an arbitrator who comes in to ensure that all parties involved in a case get fair justice. This conflict resolution can take two channels, out of court or a trial proceeding in the court of law. A lawyer should be able to advise the parties involved in a case of the pros and cons of each of these channels. Whatever channel is chosen, the lawyer must ensure they represent their clients with as much zeal and passion as they possibly can. This means that even if the lawyer losses the case, there must be evidence that they worked as hard as they could to achieve the much needed success. In the process of working hard to deliver justice, the lawyer must not cheat, tricky or violate the law, as they mist be guided by principles of professionalism as well as their conscience.
The best practice for a lawyer is to ensure they develop the strongest relationship with their clients. As such, the lawyers are expected to find out and know as much as they can about their clients, to ensure they offer the best representation of the client. For example, if one is a Muslim lawyer, they should know what their Christian client believes, and the cultures that govern the client. The lawyer should be aware of what the client expects of them in order to help them know whether they are capable of delivering such services or not. One cannot refuse to represent a client without giving justifiable reasons, and this can only come from knowing the client well. Lawyers should also be allowed to pull out of cases, when they believe they are not in the best position to give the best services.
In conclusion, I believe that lawyers have a right to choose what clients to represent, and who not to represent. This is because once a lawyer signs to a contract, they are expected to be zealous and diligent. As such, they must be allowed to specialize in what they love to do best. Lawyers should not be forced to represent clients, just because the clients are paying. Lawyers should also be allowed to refuse to represent the clients, if they believe that their representation will go against the lawyers beliefs and principles.
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