[8] The lawyer`s functions as a representative of clients, as an official of the legal system and as a citizen under public law are generally harmonious. Thus, if a counterparty is well represented, a lawyer may be a zealous lawyer on behalf of a client while assuming that justice will be served. Thus, a lawyer can also be sure that maintaining client trust generally serves the public interest, as people are more likely to seek legal advice and thus comply with their legal obligations if they know their communications will be private. If there is a government policy or law that has harmed you or your rights, you can take legal action against: [13] Lawyers play a crucial role in preserving society. To fulfill this role, lawyers must understand their relationship to our legal system. Rules of ethics, when properly applied, serve to define this relationship. The party against whom the action is brought is often referred to as the “defendant” (the relevant term for your claim depends on the legal system and the nature of the claim). Economists use the term “legal liability” to describe the legal obligation to pay the debt. [10] But what exactly is legal liability? This is when you are legally responsible for someone else`s financial loss.
This responsibility may arise from the following: However, most cloud services and internet service providers do not take legal responsibility for the data that passes through their network. [7] Many of a lawyer`s professional responsibilities are governed by the Code of Professional Conduct and substantive and procedural law. However, a lawyer is also guided by the personal conscience and approval of professional colleagues. A lawyer should strive to achieve the highest level of competence, to enhance the law and the legal profession, and to exemplify the ideals of the public service of the legal profession. Whenever you breach a contract, you are legally liable for damages. This can be calculated in several ways, depending on the case and the state in which you live. Let`s say you say to your neighbour, “I`ll pay you $50 if you mow my lawn.” The neighbor mows your lawn, and you never pay for it. You have broken a contract and your neighbour is entitled to compensation for his work. As in the cases described above, your damages may be punitive or punitive, depending on what the court awards. [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. [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. In addition, lawyers under the supervision of these officials may have the power to represent multiple government agencies in domestic legal controversies if a private lawyer cannot represent multiple retail clients. These rules do not invalidate such a power.
There are certain legal restrictions when legal proceedings cannot be brought against States or officials. The state, civil servants and public institutions all have legal obligations that oblige them to do certain things and not to do certain things. These obligations constitute what is known as “public law”. For more information about public law, see What laws can I apply?. The key message of this section is that if the state violates public law, you may be able to take action against the state as a whole or against the relevant official/agency. State immunity is a legal doctrine that limits the ability of a country`s courts to hear lawsuits against foreign states. As a general rule, courts cannot hear cases that complain about the actions of foreign states. For example, a Pakistani citizen cannot appeal to the Pakistani courts to hold the UK accountable for illegal acts. [11] To the extent that lawyers fulfil the obligations of their professional profession, the possibility of state regulation is avoided.
Self-regulation also helps to preserve the independence of the legal profession from state domination. An independent legal profession is an important force in maintaining government under the law, as abuse of legal power is more easily challenged by a profession whose members do not depend on the government to exercise the right to practice.