Law
Lawyer-client relationship is essential in law; in this regard, it is protected by the professional ethic rules. As such, the lawyer is expected to exhibit confidence, trust, faithfulness, and loyalty to the client. This type of relationship makes sure that the lawyer seeks to advance the interest of the client always. Confidentiality is also an important component in law. Confidentiality basically entails a set of rules that are usually implemented via confidentiality agreements that restricts access on particular kinds of information . According to the law, any individual, a citizen or a foreigner is entitled to the protection of confidential information.
Lawyer-client relationship
In the course of practising law, attorneys are required to be aware of key areas in their practise and that must be tackled by professional codes. One such area pertains to honesty, independence and integrity. Lawyers must ensure that they are independent from the influence of others as this is key to offering impartial advice and representation to the client . Importantly, attorneys must have the highest standard of integrity, honesty and fairness towards the court, client, public members and other attorneys. This encompasses swiftly honouring any task given in the course of their practise. The attorney is also expected to be professional and competent. An attorney should not agree to take up a case that he/she knows will not carry out in a timely and competent way . Lawyers also need to be professional by acting in a diligent manner. Exercising client care is also essential, and this can be attained by treating the client fairly in a way that safeguards their interests, making sure there is a complaints process in place, and ensuring there are enough resources to meet the needs of the client . Confidentiality is vital as well. Attorneys have the responsibility of keeping the issues of the client confidential. When it comes to fees charged, the attorney should be governed by the principle of fairness. As such, the attorney should ensure that they give the client full information regarding fee arrangements . Fees should be plainly clarified and if and when they may change.
The standard conception states that attorneys need to adopt a certain attitude towards the cause of their client. Notably, this doctrine is grounded on the principles of neutrality, partisanship, and non-accountability. With regards to neutrality, the attorney is not allowed to utilize personal perception of that which is legally permissible alternative for those of legislature; otherwise, this would entail a dangerous shift from democracy . Regarding partisanship, the attorney is allowed to do all he/she can to attain the objectives of the client. When it comes to non-accountability, the attorney is not responsible for the decisions of the client. An alternative to standard conception is ‘moral reflection.’ The perception is that attorneys should not be allowed to hide behind their professional status, and therefore, would be keen on ensuring that their acts and those of their clients are not morally questionable. Advertising in law makes the public to know the present legal matters and lets them become aware that there are attorneys who are ready to help them. Notably, legal advertising also aims at informing the public about the times and situations it may be necessary to consult an attorney.
The crab-rank rule is the duty of a lawyer to accept any work in an area in which they cite to be competent to practice, at a court at which they usually appear, and at their common rates despite their individual perception of the client, or their opinions of the case that they would be tackling . In law, a client is defined as an individual who employs or retains a lawyer to represent him/her in any legal business; to help to counsel and defend the person in legal proceedings; and to appear on his/her behalf in court. A client has the liberty of ending the lawyer-client relationship at any time. In this case, the attorney may need cause to end the relationship, and this is mainly dependent on the withdrawal timing and the effect on the interests of the client.
Confidentiality
Confidentiality is an important aspect in law. This is because it serves to help to create and develop trust between the lawyer and the client. It also facilitates the free flow of information between the attorney and the client as well as acknowledges that the personal life of the client and all the problems and issues that they have belong to them. Lawyers have a duty of confidentiality, where they are obliged to regard the confidentiality of the affairs of their clients. Information that they receive from the affairs of their clients may be confidential, and must thus not be utilized for the benefit of people the client has not authorized.
Confidentiality ensures that lawyer-client relationships are protected. That said, lawyer-client communications apply widely to the continuum of communications regarding matters within the attorney-client relationship. Attorneys may not disclose written or oral communications with clients that clients logically expect to remain confidential. An attorney who has received the confidences of the client is not supposed to repeat them outside the legal team without the consent of the client .
The legal professional privilege is the oldest privilege that the Anglo-American jurisprudence recognizes. That said, this privilege is defined as follows: where legal counsel of any type is sought from a professional legal counsel in his/her competence as such, the communications that pertain to that reason, the client makes in confidence, are at his/her occasion permanently safeguarded from disclosure by (the client) or by the lawyer, except where the protection is waived. The aim behind this legal doctrine is to safeguard the ability of a person to assess the justice system by promoting total disclosure to lawyers without the fear that any revelation of those communications may discriminate the client in the coming years .
In as much as the lawyer is expected to protect the client’s confidential information, there are instances where the attorney has a duty to disclose the information. For instance, if the client looks for counsel from a lawyer to help to further a fraud or crime or conceal a crime, then there is the duty to disclose . The death of a client may also prompt the duty to disclose. If a lawsuit ensues between the deceased’s legatees, heirs or other parties, then the lawyer may be required to disclose confidential information. Notably, the lawyer-client privilege may be denied if there is common interest. If a lawyer represents 2 parties in a single matter that pertains to law, none of the clients may claim the lawyer-client privilege against the other in consequent litigation if this litigation was related to the subject issue of the preceding joint representation.
Bibliography
Edited Books
Dare, Tim. The Counsel of Rogues?: A Defence of the Standard Conception of the Lawyer’s
Role. Routledge, 2016.
Reymond-Eniaeva, Elza. Towards a Uniform Approach to Confidentiality of International Commercial Arbitration. Springer, 2019.
Stanley, Paul. The Law of Confidentiality: A Restatement. Hart Publishing, 2018.
Walkowiak, Vincent S. Attorney-client Privilege in Civil Litigation: Protecting and
Defending Confidentiality. American Bar Assn., 2014.
Edited Journals
Basten, John. “The Control and the Lawyer-Client Relationship.” Touro L. Rev. 32 (2016): 7-
38.
Dal Pont, Gino. “Ethics column: The lawyer by implication.” Brief 46.4 (2019): 10.
Flood, John. “Corporate lawyer–client relationships: bankers, lawyers, clients and enduring
connections.” Legal Ethics 19.1 (2016): 76-96.
Goebel, Roger J. “Professional Responsibility Issues in International Law Practice.” The
American Journal of Comparative Law (2016): 1-58.
Mackintosh, J. Triplett, and Kristen M. Angus. “Conflict in confidentiality: How EU laws
leave in-house counsel outside the privilege.” Int’l Law. 38 (2004): 35.
Rahman, Adam. “Cooperation and its discontents: the constitutional and policy implications
of the DOJ’s war on corporate crime.” Geo. JL & Pub. Pol’y 14 (2016): 323.
