Professional Responsibility of Lawyers under the Guiding Principles Hard and soft law developments with implications for lawyers as they advise corporate clients on human rights. April John F. Sherman III The core responsibility of business under the UN Guiding Principles on Business and Human Rights is to respect human rights, and to adopt policies, processes, and systems that enable them to know and show that they do so.
Search the Professional Guidelines Preamble: A lawyer may perform various functions. As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealing with others. As intermediary between clients, a lawyer seeks to reconcile their divergent interests as an advisor and, to a limited extent, as a spokesperson for each client.
As third party neutral, a lawyer represents neither party, but helps the parties arrive at their own solution. In all professional functions a lawyer should be competent, prompt and diligent.
A lawyer should maintain communication with a client concerning the representation. A lawyer should keep in confidence information relating to representation of a client except so far as disclosure is required or permitted by the Rules of Professional Conduct or other law.
A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers and public officials. As a public citizen, a lawyer should seek improvement of the law, the administration of justice and the quality of service rendered by the legal profession.
As a member of a learned profession, a lawyer should cultivate knowledge of the law beyond its use for clients, employ that knowledge in reform of the law and work to strengthen legal education. A lawyer should be mindful of deficiencies in the administration of justice and of the fact that the poor, and sometimes persons who are not poor, cannot afford adequate legal assistance, and should therefore devote professional time and civic influence in their behalf.
A lawyer should aid the legal profession in pursuing these objectives and should help the bar regulate itself in the public interest.
However, a lawyer is also guided by personal conscience and the approbation of professional peers. Thus, when an opposing party is well represented, a lawyer can be a zealous advocate on behalf of a client and at the same time assume that justice is being done.
So also, a lawyer can be sure that preserving client confidences ordinarily serves the public interest because people are more likely to seek legal advice, and thereby heed their legal obligations, when they know their communications will be private.
In the nature of law practice, however, conflicting responsibilities are encountered. The Rules of Professional Conduct prescribe terms for resolving such conflicts. Within the framework of these Rules, many difficult issues of professional discretion can arise.
Such issues must be resolved through the exercise of sensitive professional and moral judgment guided by the basic principles underlying the Rules. The legal profession is largely self-governing.
Although other professions also have been granted powers of self-government, the legal profession is unique in this respect because of the close relationship between the profession and the processes of government and law enforcement.
This connection is manifested in the fact that ultimate authority over the legal profession is vested largely in the courts. To the extent that lawyers meet the obligations of their professional calling, the occasion for government regulation is obviated.Our team of corporate social responsibility lawyers is uniquely qualified to assist clients with the identification and integration of CSR concerns.
This Social Responsibility of Lawyers - Essay is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Journal of Law & Policy by an authorized administrator of Washington University Open.
Personal Responsibility Essay Donald Upward GEN/ January 15, Dan Barbara, MAEd Personal Responsibility Essay Personal responsibility is the necessity and willingness to complete tasks in a timely manner, and it is essential to achieving success in college. The qualities of social networking which are so potentially problematic for lawyers are its immediacy, its accessibility, and its permanency.
As a result, like all users of social media, lawyers can react to a situation instantaneously and publicly, with an online posting that will remain on the internet in .
The Social Responsibilities of Lawyers. Posted November 17, Filed under: adversarial ethics, There’s a very strong argument to be made to the effect that the key way in which lawyers serve society — their key social responsibility — is by serving their clients well.
Ours is an adversarial legal system, under which all parties to. This Social Responsibility of Lawyers - Essay is brought to you for free and open access by the Law School at Washington University Open Scholarship.
It has been accepted for inclusion in Washington University Journal of Law & Policy by an authorized administrator of Washington University Open.