[2] As a client representative, the lawyer performs a variety of functions. As a consultant, a lawyer provides the client with a good understanding of their legal rights and obligations and explains their practical implications. As a lawyer, a lawyer eagerly asserts the client`s position according to the rules of the opposing system. As a negotiator, a lawyer strives to achieve an outcome that is beneficial to the client, but that meets the requirements of an honest relationship with others. As an evaluator, a lawyer acts by investigating a client`s legal affairs and reporting them to the client or others. [10] The legal profession is largely autonomous. While autonomous powers have also been granted to other professions, the legal profession is unique in this regard because of the close relationship between the profession and government and law enforcement processes. This link is manifested in the fact that the ultimate authority over the legal profession is largely transferred to the courts. [9] However, in the nature of legal practice, conflicting responsibilities collide. Virtually all difficult ethical issues arise from a conflict between a lawyer`s responsibility to his or her clients, the legal system, and his or her own interest in remaining an ethical person while earning a satisfying life.
Rules of ethics often prescribe the conditions for resolving these conflicts. Within these rules, however, many difficult questions of professional discretion may arise. These issues must be resolved by sensitive professional and moral judgment, guided by the fundamental principles of the Regulation. These principles include the lawyer`s duty to protect and pursue a client`s legitimate interests within the law, while maintaining a professional, courteous and civil attitude towards all persons involved in the legal system. _____ I wish to use the legal services of the lawyers or law firms listed below in connection with a medical liability suit or claim, the fees of which depend in whole or in part on the successful lawsuit or settlement, but I cannot do so due to the provisions of the constitutional limitation set out above. Having regard to the agreements of the lawyers or law firms to represent me and my desire to employ the lawyers or law firms listed below, I knowingly, voluntarily and voluntarily waive all rights and privileges to which I am entitled under the constitutional provision set out above, which applies only to the contingency fee agreement. In particular, I waive the percentage restrictions that are the subject of the constitutional provision and confirm the fee percentages set out in the contingency fee agreement; and [16] Compliance with rules, as with all laws in an open society, depends primarily on understanding and voluntary buy-in, secondarily on the empowerment of peers and public opinion, and finally, if necessary, on enforcement through disciplinary procedures. However, the rules do not exhaust the moral and ethical considerations that should guide a lawyer, as no rewarding human activity can be fully defined by legal rules. The rules only provide a framework for ethical legal practice.
[6] As a citizen of public life, the lawyer should strive to improve the law, access to the legal system, the administration of justice and the quality of services provided by the legal profession. As a member of a scholarly profession, a lawyer should cultivate knowledge of the law beyond its benefits to clients, use that knowledge in legal reform, and work to strengthen legal education. In addition, a lawyer should promote public understanding and trust in the rule of law and the judicial system, as legal institutions in a constitutional democracy rely on popular participation and support to maintain their authority. A lawyer must be aware of the shortcomings of the administration of justice and of the fact that the poor, and sometimes the non-poor, cannot afford adequate legal aid. Therefore, all lawyers should dedicate professional time and resources and use the influence of citizenship to ensure equal access to our legal system for all those who cannot afford or obtain adequate legal aid due to economic or social barriers. A lawyer should support the legal profession in pursuing these objectives and assist the Bar Association in regulating itself in the public interest. [5] A lawyer`s conduct should comply with legal requirements, both in professional service to clients and in the lawyer`s business and personal affairs. A lawyer should only use the procedures of the law for legitimate purposes and not to harass or intimidate others. A lawyer must show respect for the legal system and for those who serve it, including judges, other lawyers and public servants. While it is a lawyer`s duty to question the integrity of the official action when necessary, it is also a lawyer`s duty to uphold the judicial process. You have no legal obligation to sign a confession or promissory note or accept a lien or mortgage on your home to pay attorney`s fees.
Your lawyer`s prior written consent must indicate whether and under what circumstances such security may be required. Under no circumstances may such security be obtained by your attorney without the prior judicial approval and notification of your opponent. The safety of a lawyer in the marital home cannot be excluded vis-à-vis you. 4. Open and realistic advice that takes into account the client`s personal and financial situation In the „10 fundamental rights“ section, you will find out what you are entitled to as a client under law or custom. You have the right to know in advance how you will be asked to pay attorneys` fees and costs and how the advance, if any, will be spent. If you have any questions about these rights or how your case is handled once you hire the lawyer, you are responsible for asking your lawyer. Your lawyer should be available at all times to represent your interests and keep you informed of your case. ____ I have read and understood this entire waiver of my rights under the constitutional provision set out above.
[18] Under various legal provisions, including constitutional, law and customary law, the responsibilities of prosecutors may include authority in legal matters normally vested in the client`s private client and lawyer relationship. For example, a lawyer from a government agency may be empowered on behalf of the government to decide on a regulation or to appeal an adverse judgment. These powers in various respects generally belong to the Attorney General and the Attorney of the state government and their federal counterparts, and the same may be true for other public servants.