2019 –
International Bachelor of LAW Program
2020
: Skills 6 : Page 1 of
Notes by 18024580
Legal Advising 2 21
WORKSHOP 1. PROFESSIONAL RESPONSIBILITY | CASE PREPARATION
PROFESSIONAL RESPONSIBILITY
This principle entails the standards and rules that govern the conduct of legal
professionals, namely lawyers and judges e.g., IBA + CCBE + ABA (model codes)
1. Confidentiality & Privilege;
2. Duty of competence, diligence, and candour; and
3. Zealousness.
FUNCTION OF A LAWYER IN SOCIETY
“In a society founded on respect for the rule of law, the lawyer fulfils a special role.
The lawyer’s duties do not begin and end with the faithful performance of what (s)he
is instructed to do. […] A lawyer must serve the interests of justice as well as those
whose rights and liberties (s)he is trusted to assert and defend […]. It is the lawyer’s
duty not only to plead the client’s cause but to be the client’s adviser. Respect for
the lawyer’s professional function is an essential condition for the rule of law and
democracy in society.”
IS THE CLIENT SUBORDINATE OR IS THE LAWYER A SERVANT?
1. A lawyer must treat the client’s interest as paramount.
2. A lawyer must place the interests of their client above their own.
3. A lawyer must be dedicated and committed to the interests of their client.
4. In all dealings, a lawyer must act with competence, diligence and honesty.
THE ETHICAL TRILEMMA
a. Duties to client: dedication to the interests of and representing the client.
b. Lawyers own interest in maintaining personal ethics and earning a living
c. Duties to court: the lawyer is one of the pillars of the justice system, thus, (s)he must
act according to the law.
International Bachelor of LAW Program
2020
: Skills 6 : Page 1 of
Notes by 18024580
Legal Advising 2 21
WORKSHOP 1. PROFESSIONAL RESPONSIBILITY | CASE PREPARATION
PROFESSIONAL RESPONSIBILITY
This principle entails the standards and rules that govern the conduct of legal
professionals, namely lawyers and judges e.g., IBA + CCBE + ABA (model codes)
1. Confidentiality & Privilege;
2. Duty of competence, diligence, and candour; and
3. Zealousness.
FUNCTION OF A LAWYER IN SOCIETY
“In a society founded on respect for the rule of law, the lawyer fulfils a special role.
The lawyer’s duties do not begin and end with the faithful performance of what (s)he
is instructed to do. […] A lawyer must serve the interests of justice as well as those
whose rights and liberties (s)he is trusted to assert and defend […]. It is the lawyer’s
duty not only to plead the client’s cause but to be the client’s adviser. Respect for
the lawyer’s professional function is an essential condition for the rule of law and
democracy in society.”
IS THE CLIENT SUBORDINATE OR IS THE LAWYER A SERVANT?
1. A lawyer must treat the client’s interest as paramount.
2. A lawyer must place the interests of their client above their own.
3. A lawyer must be dedicated and committed to the interests of their client.
4. In all dealings, a lawyer must act with competence, diligence and honesty.
THE ETHICAL TRILEMMA
a. Duties to client: dedication to the interests of and representing the client.
b. Lawyers own interest in maintaining personal ethics and earning a living
c. Duties to court: the lawyer is one of the pillars of the justice system, thus, (s)he must
act according to the law.
