ethics 6-7-8.pdf

Ethics: The model rules of professional conduct: Responsibility of lawyers as public citizens : 1- Lawyers are in unique situation in society: because they don’t only look out for the best interest for their clients, they also help the legal system to work better and make communities a better plac...

Ethics: The model rules of professional conduct: Responsibility of lawyers as public citizens : 1- Lawyers are in unique situation in society: because they don’t only look out for the best interest for their clients, they also help the legal system to work better and make communities a better place to live 2- Uphold the rule of law : Lawyers should protect and enforce the rule of law and encourage people to do so 3- getting people access to justice: lawyers have to get people to justice this includes working for free and doing programs to help people 4- Advocating for public policy: lawyers are encouraged to take part in activities to improve the legal system 5- Lawyers can try to change public policy and the law: in ways to help people and make the legal better by lobbying (they can use their knowledge to suggest laws and write legal people ) 6- participating public service and governance : they serve in public roles(judes prosecutors) 7- legal education and public awareness : lawyers contribute to legal education and public awareness by doing legal workshops and educating the public about legal matters 8- Ethical conduct and professionalism: lawyers are expected to maintain high standard of ethics and professionalism in their practice 9- speak out for human rights and civil freedoms : they make sure that justice is carried out and everyones basic rights are protected 10-public inters litigation: lawyers can take cases the affect society as a whole (protecting the environment) 11-Fighting corruption: ghting corruption by pushing for openness and moral behavior Pro bono: refers to providing services without fees typically for individuals or organizations that cannot afford to pay fi Responsibilities of lawyers to those who cannot pay: - 50 hours of legal services without fee - Persons of limited means - Charitable, religios, govermental organisations in matters that are designed primarily to address the needs - Participation in activities for improving the law, the legal system. (Lawyers are not legally bound to do pro bono they are morally expected to do so) (Judes have the power to appoint lawyers to take cases that come before the court Effects of pro bono : - pro bono is driven to give back to the community and improve the well being of individuals and society - For professional to use their skills to make positive difference - The reward is personal satisfaction and knowledge Accepting appointments: It is improper for lawyers to refuse an appointed case even if its not attractive to him Exceptions:  - if representing would violate the rule of law - If representing would result in unreasonable nancial burden on the lawyer - If the lawyer doesn’t like the client or the cause enough that it will hurt the relationship between the client and the lawyer or the lawyers ability to defend the client (A lawyer may serve as member , of cer director of a legal organization a part from his law rm) ( a lawyer should knowingly not participate in the decision making for the organization If it will con ict with the clients interests ) What is violating legal ethics? Actions or behaviors by lawyers that breach the established rules and principles of professional conduct, these rules are typically outlined in codes of ethics , violating legal ethics have serious consequences Examples: Lack of competence Con ict of interests And breach of con dentiality fl fi fi fi fl fi  Ch7 What is advertising? Activities which seek to promote, inform the public of certain product, service and it takes various forms What’s a lawyers advertising? Public or private communication made by or behalf of the lawyer or law rm about that lawyer or law rms service and it can be through any way An advertise shall not: - include a testimonial about a lawyer or a law rm from a client who’s still working on his case and without his permission - Include a paid statement for favor without saying that the person is paid - Making up a fake law company of using fake name for lawyers for lawyers who are not working together in a law rm or using a fake name - Use actors to portray the judge, or the lawyer Ethics for advertising the legal service: 1- abide the clients wishes (he doesn’t want ti be contacted) fi fi fi fi 2- avoid making misleading or false claims (practice honesty) 3- don’t use unrealistic expectations in your aids 4- never use comparative statements if the disallows it (we are the best legal rm) 5- avoid claiming to be an expert 6- practice honesty when marketing What is soliciting ? It is an advertisement made on or behalf of lawyer that is directed to to a speci c recipients the primary purpose is retention (pro bono is an exception) So it is a direct to personal contact with potential clients Examples of soliciting: - visiting accident victims - Visiting hospitals - Waiting at police stations - Getting the name of victims and contacting them for legal services - Lawyers don’t take advantage from people who are in bad situations fi fi  Ch8 a Roles of lawyers in the administration of justice: - providing legal advice to their clients and representing them in any dispute - Advice from lawyers is necessary because law is something that is technical and requires the assistant of a lawyer - Make it easier for regular people and courts to communicate - help to settle disputes - Lawyers are guardian of the rule of law and human rights - Because of their important role lawyers considered are privileged in the community because they act on behalf of their clients There are to structure of the legal practice in Saudi - Administrative: lawyers registration and admission committee under the ministry of justice - Legal structure: the laws that govern the legal profession in Saudi The code of law practice The code of 2022 professional conduct 2022 Reguirenments for law practice license The code of law practice : What does law practice mean ? Representation of third parties before courts, the board of governance and other committees and consultants services based on shariaah and the rule of law The ministry of justice has a list with names of practicing lawyers and names gf non , if a lawyer ceases to practice the profession for more than one year then his name will be transferred Who can practice the law in Saudi ? - must be a Saudi national , if non Saudi he will be working according to the terms of the kingdom and another country - Holder of bachelor degree in islamic law - Bachelor degree in law from a uni in the kingdom of abroad - Post graduate of diploma of legal studies from public administration - Work experience not less than 2 years - Period may be reduce if he has master in shariaa ir law or post graduate diploma in law - Must be of good conduct - Not subjected to ‫ حد او اي حنايه‬except if its been more than 5 years - Resident of the kingdom (registration must be sent to law registration and admission committee - decision will be taken within 30 days by the majority of votes) (art5+6) License will be valid for 5 years for 2000sr and 1000 for each renewal (art7) Ministry of justice will notify the courts with the names of registered lawyers (art8) Lawyer shall practice in accordance with shariaal and laws(art11) Lawyer shouldn’t talk about personal things and make accusations that would hurt the clients reputation (art12) Lawyers can do what they think is best for their clients (art13) - A lawyer cast give advice or take on a case against his current or past employer unless 5 years is passed(art14) - If a lawyer works half time for a client he can’t give advices against him unless 3 years has passed (art14) A lawyer can help his clients enemy in any way(art 15) Don’t take to court a case that already has been judged(art16)  If a lawyer was hired to defend someone for a dispute he can’t buy of give rights that are in a dispute (art25) Lawyer and client agree about how much will the client pay the lawyer if there is no agreement the court will decide based on what the lawyer did and what the client got (art26) If the client has no good reason to re his lawyer he must pay him all the agreed fees unless courts rules otherwise(Art27) What are the disciplinary actions against lawyers? - In a case of ‫ حد‬his license will be revoked and his name will be removed from the list or any punishment that brings shame on a lawyers reputation - Any lawyer who violates the provisions of this code or its regulations or commits a breach for his professional duty shall be subjected to one of the following sanctions : 1- warning 2-Suspension from practice 3- removing his name from the list and revoking his license 4- A ne not more than 300k for each violation What is a disciplinary committee consisted of ? It is called a disciplinary board and it is consisted of a judge and 2 fi fi experts whom is selected from the class of lawyers who have been practicing the law for more than 10 years , one shall be appointed as chairman , membership shall be for 3 years (art 31) The lawyer has to show to the board at least 15 days before the meeting the letter must include accusation and evidence against the lawyer and he has to show in person if he fails to attend twice judge will rule without him(art32)