topic 2.pptx

LEGAL ETHICS ETCH 351 TOPIC 2 DR. MAHANOON UN BASIC PRINCIPLES ON THE ROLE OF LAWYERS The most detailed and comprehensive description of the rights and responsibilities of lawyers is found in the United Nations Basic Principles on the Role of Lawyers. This instrument is developed within the framewor...

LEGAL ETHICS ETCH 351 TOPIC 2 DR. MAHANOON UN BASIC PRINCIPLES ON THE ROLE OF LAWYERS The most detailed and comprehensive description of the rights and responsibilities of lawyers is found in the United Nations Basic Principles on the Role of Lawyers. This instrument is developed within the framework of the UN Congress on the Prevention of Crime & Treatment of Offenders 1990. These principles are designed to outline the fundamental standards and guidelines that should govern the role of lawyers in society. It also provides for special safeguards in criminal justice matters. They are also to safeguard the independence, integrity and professionalism of lawyers, thereby promoting the rule of law and ensuring access to justice for all individuals. Primary objectives of the UN Basic Principles on the Role of Lawyers: - to protect lawyers from persecution, harassment & interference in their professional activities. - to promote the rule of law – it is important for lawyers to uphold the rule of law and promote access to justice. - international recognition – it has been widely recognised and endorsed by various international and regional organizations. - it is instrumental in raising awareness about the importance of an independent legal profession and role of lawyers in defending human rights & justice The instrument contain basic principles that outline the role of lawyers in legal systems around the world, and they include: - lawyers represent and advocate for their clients to ensure their rights are protected by law; - lawyers provide legal advise to individuals, business and organizations and interpret laws, regulations and legal documents; - lawyers are bound by the duty of confidentiality; - lawyers help in resolving disputes between parties through negotiation, mediation, arbitration and litigation; - lawyers are bound by ethical duties that govern their profession and must act in the best interest of their clients upholding the principles of honesty, integrity and fairness; - lawyers must practice due diligence in doing their work to ensure there are in compliance with the law and legal. The preamble of the Charter provides, inter alia: - to establish conditions under which justice can be maintained, and the achievement of international cooperation in promoting and encouraging respect for human rights and fundamental freedoms without distinction as to race, sex, language or religion; - enshrine the principles of equality before the law, the presumption of innocence, the right to a fair and public hearing by an independent and impartial tribunal, and all the guarantees necessary for the defence of everyone charged with a penal offence UN ensures that everyone gets adequate protection of their human rights and fundamental freedoms, be they economic, social and cultural, or civil and political. As such, all persons should have effective access to legal services provided by an independent legal profession. Professional associations of lawyers helps to uphold professional standards and ethics in providing legal services to all in need of them, and cooperating with governmental and other institutions in furthering the ends of justice and public interest. Universal Declaration of Human Rights lays down these principles: - equality before the law, - presumption of innocence, - the right to a fair and public hearing by an independent and impartial tribunal, - guarantee the necessary defence of everyone charged with a crime. Duties & responsibilities of government: - to ensure that efficient procedures and mechanisms for effective and equal access to lawyers to the poor; - to ensure sufficient funding and other resources for legal services to the poor and. , as necessary, to other disadvantaged persons; - governments and professional associations of lawyers shall promote programmes to inform the public about their rights and duties under the law and the important role of lawyers in protecting their fundamental freedoms. Duties and responsibilities lawyers: Lawyers, shall at all times, maintain the honour and dignity of their profession as essential agents of the administration of justice. The duties of lawyers towards their clients shall include: (a) Advising clients as to their legal rights and obligations, and the working of the legal system; (b) Assisting clients in every appropriate way, and taking legal action to protect their interests; (c) Assisting clients before courts, tribunals or administrative authorities, where appropriate. Guarantees for the functioning of lawyers: - are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; - are able to travel and to consult with their clients freely both within their own country and abroad; - shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics. Where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities. Lawyers shall not be identified with their clients or their clients' causes as a result of discharging their functions. No court or administrative authority before whom the right to counsel is recognized shall refuse to recognize the right of a lawyer to appear before it for his or her client. Lawyers shall enjoy civil and penal immunity for relevant statements made in good faith in written or oral pleadings or in their professional appearances before a court, tribunal or other legal or administrative authority. It is the duty of the competent authorities to ensure lawyers access to appropriate information, files and documents in their possession or control in sufficient time to enable lawyers to provide effective legal assistance to their clients. Such access should be provided at the earliest appropriate time. Governments shall recognize and respect that all communications and consultations between lawyers and their clients within their professional relationship are confidential. The UN Basic Principles also provide for freedom of expression and association and disciplinary proceedings for lawyers. Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. They shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations. In exercising these rights, lawyers shall always conduct themselves in accordance with the law and the recognized standards and ethics of the legal profession. Lawyers shall be entitled to form and join self‐governing professional associations to represent their interests, promote their continuing education and training and protect their professional integrity. Professional associations of lawyers shall cooperate with governments to ensure that everyone has effective and equal access to legal services and that lawyers are able, without improper interference, to counsel and assist their clients in accordance with the law and recognized professional standards and ethics. The UN Basic Principles provides that there shall be Codes of professional conduct for lawyers to be established by the legal profession through its appropriate organs, or by legislation, in accordance with national law and custom and recognized international standards and norms. Charges or complaints made against lawyers in their professional capacity shall be processed expeditiously and fairly under appropriate procedures. Lawyers shall have the right to a fair hearing, including the right to be assisted by a lawyer of their choice. Disciplinary proceedings against lawyers shall be brought before an impartial disciplinary committee established by the legal profession, before an independent statutory authority, or before a court, and shall be subject to an independent judicial review. All disciplinary proceedings shall be determined in accordance with the code of professional conduct and other recognized standards and ethics of the legal profession and in the light of these principles.