Essay Demonstrate Certain legal Professional and Personal Attributes – Law Assignment Help

Assignment Task:

Task:

Introduction

As per the facts set forth in the problem statement, Anne has a responsibility to demonstrate certain legal professional and personal attributes, including integrity, objectivity, dignity, capacity for judgment, knowledge and technical skill, respect for the legal system, and a sense of equity and fairness. Anne is expected to be conversant with the legal profession’s code of conduct and to have infringed the following standards of professional ethics.
Duty to uphold the lawAs an officer of the Court the practitioner has a duty to uphold the law and to follow all legal channels. Legal practitioners are obliged because he/she took an oath, to respect the legal order and has a duty to always maintain the law.
Fit and proper testAccording to section 24(2)(c) of the Legal Practice Act of 2014 for a legal practitioner to be admitted to practice, he/she must demonstrate to the court that he or she is a fit and proper person. The legal practitioner’s competence and integrity is considered as part of the ‘fit and proper’ test. According to M Slabbert, reliability and integrity are the two requirements of being a “fit and proper” in the legal profession’ 2011 (14) 4 PER 209.
Dual function

• Legal practitioners on the one hand they serve the interests of their clients, and as officers of the court and the interests of justice. Conflict may arise between the two functions as they are performed by one individual. The legal practitioners must ensure a fair administration of the judicial system, act responsibly and ethically in the public interest. Legal practitioners must not abuse the law for the benefit of their clients.
• Attorney’s duty toward the clientConflict of interestAlmost all difficult ethical issues arise when a lawyer’s duty to his client and the legal system clashes with his own interests in remaining an upright person while attempting to earn a living. In other words, by prioritizing personal interests over ethical duties. In this case the legal practitioner indirectly assisted their client by approaching Bob who is in conflict of interest as he had a relationship with the client. Bob will not be able to carry his duties fairly and ethically.
• In the case of Jordan and Another v Farber (NCK) the court also relied on the decision that ‘An attorney should not act for a client whose interests conflict with his or her (the attorney’s) interests or those of another client.
• CommunicationAttorneys owe it to their clients to respond to and maintain reasonable contact with them, keeping them informed and fully explaining critical issues in their respective cases. The attorney (Anne) must have informed the client that she cannot represent her as she has responsibility to uphold the law.
• MandateA mandate is an instruction or order to do something. Legal practitioners should consider a range of factors before accepting instructions, including whether the client’s instructions involve illegality or impropriety. Once an instruction is accepted, a relationship is established that imposes rights and duties.
• ConfidentialityAn implied term of contract exists between an attorney and his or her client to maintain the confidentiality of all communications between them. It was stated in the case of Robinson v Hulsteyn Feltham & Ford 1925 AD 12 that “a client is often compelled to reveal to his solicitor the most intimate circumstances in his life. The solicitor may thus become the repository of the most vital secrets. The confidences reposed in him he may not divulge, and if he does, the court will punish him for his breach of duty towards his client.”
• In this matter, Anne has breached the client-attorney privilege by informing the colleague Bob about the client’s information. Breach of a client’s confidentiality may constitute professional misconduct.
• Attorney’s duty toward the courtMisconductProfessional misconduct refers to unprofessional, dishonourable, or unworthy conduct by a legal practitioner that warrants disciplinary action. (pg 35 Clinical Law) Lewis formulated his golden rule that states that: (Legal Ethics p 8) “A practitioner must avoid all conduct which, if known, could damage his or her reputation as an honourable lawyer and honourable citizen”. A legal practitioner must uphold the law and avoid assisting the client in crime. The failure to refuse the client’s mandate concerning crime results in misconduct and disciplinary action.
• Standard of honesty and integrityLegal practitioners have a strict duty to adhere to the standards of honesty and integrity required of practitioners and officers of the Court. This entails that the legal must not lie or make misleading statements to the court. In the matter of Vassen v Law Society of the Cape 1998(4) 532 (SCA) case the court concluded that the profession of an attorney is an honourable one and as such it demands complete honesty, reliability, and integrity from its members.
• In the case of Kekana v Society of Advocates of SA 1998 (4) SA 649 (SCA) the court established that a legal practitioner may be suspended from the practice or removed from the roll of attorneys if the court is satisfied that he or she is no longer fit and proper person to practice. Furthermore, in the case of Aarons v Law Society 1997 (3) SA 750 (T) the court emphasised that, when exercising its discretion in deciding on the fitness of its practitioners the one thing it should never lose sight of was the need for integrity of practitioners.
• ConclusionBased on the rules and the application of law above, Anne has contravened the mentioned standards of professional ethics as envisaged in the Legal Practice Act of 2014. The general rule should be, if there is a likelihood of a conflict of interest, or if the client’s instructions suggest that you should participate in some fraudulent or illegal or improper action, do not accept his or her mandate. Similarly, do not accept a matter unless you are capable of handling it. In a matter whether an attorney takes part or assists the client in unlawful conduct, the courts or the Legal Practice Council must struck the name of the attorney off the roll.