LOP-Module-9-FM-AA-CIA-15-Legal-Ethics PDF

FM-AA-CIA-15 Rev. 0 10-July-2020 Study Guide in (Course Code and LEGAL OFFICE PROCEDURES) Module No. 9 8 STUDY GUIDE FOR MODULE NO. ___ Legal...

FM-AA-CIA-15 Rev. 0 10-July-2020 Study Guide in (Course Code and LEGAL OFFICE PROCEDURES) Module No. 9 8 STUDY GUIDE FOR MODULE NO. ___ Legal Ethics MODULE OVERVIEW Legal ethics are a set of principles that guide the conduct of legal professionals, such as lawyers and judges. These principles are designed to ensure that the legal system operates fairly and efficiently, protecting the rights of clients and the public. Legal ethics prevent lawyers from engaging illegal practices such as fraud, misrepresentation and other misconducts. This is to ensure that the public is protected from unethical and harmful practices by those who are engaged in legal professions. At all times, maintain integrity and reputation by upholding high standards of conduct. Promotion of justice and fairness in the legal system to resolve disputes must be observed to safeguard their client interests. Lawyers should act to serve the best interest and maintain confidentiality of their information. And, to ensure fair competition among lawyers by prohibiting unethical practices such as solicitation and fee splitting. Hence, the objectives of legal ethics are to protect the public, maintain the integrity of the legal profession, promote justice, safeguard client interests, and ensure fair competition. MODULE LEARNING OBJECTIVES At the end of the unit, the students will be able to: Define Legal Ethics Enumerate and explain the principles of Legal Ethics Enumerate the ethical dilemmas in legal ethics Compare and contrast professional conduct, confidentiality and competence LEARNING CONTENT: Legal Ethics Legal ethics is a set of moral principles and guidelines that govern the behavior of lawyers and other legal professionals. These principles ensure that the legal system operates fairly and justly. Principles of Legal Ethics 1. Lawyers must maintain the confidentiality of their clients' communications and information. This includes protecting client secrets and privileged communications (confidentiality) 2. Lawyers must possess the necessary knowledge and skills to represent their clients effectively. They must stay up-to-date on legal developments and avoid taking on cases that are beyond their expertise (competence) PANGASINAN STATE UNIVERSITY 1  FM-AA-CIA-15 Rev. 0 10-July-2020 Study Guide in (Course Code and LEGAL OFFICE PROCEDURES) Module No. 9 3. Lawyers must represent their clients diligently and zealously. This means putting forth their best efforts to protect their clients' interests and meeting deadlines. (diligence) 4. Lawyers must act with honesty and integrity in all their dealings. They must avoid engaging in dishonest or unethical practices. (integrity) 5. Lawyers must treat all parties fairly, including opposing counsel and the court. They must avoid using unfair tactics or misleading the court. (fairness) 6. Lawyers must maintain their independence and avoid conflicts of interest. They must act in the best interests of their clients and not allow personal or financial interests to influence their judgment. (independence) Ethical Dilemmas in Legal Practice Legal professionals often face ethical dilemmas where they must weigh competing interests or principles. Some common examples include: Conflicts of interest A lawyer represents clients with conflicting interests Confidentiality vs. disclosure A client's confidentiality is in conflict with the lawyer's duty to disclose information to the court Competence vs. overwork A lawyer is overloaded with work and may not be able to represent their clients effectively Fairness vs. zealous advocacy A lawyer must balance their duty to represent their client with the principle of fairness to opposing parties Importance of Legal Ethics Legal ethics are essential for maintaining the integrity of the legal system and ensuring that justice is served. By adhering to these principles, lawyers can protect their clients' interests, maintain public trust in the legal profession, and contribute to a just and equitable society. Professional conduct refers to the ethical standards and guidelines that lawyers must follow in their practice. These standards are designed to ensure that the legal profession operates with integrity and maintains public trust. Areas of Professional Conduct 1. Lawyers must possess the necessary knowledge and skills to represent their clients effectively. This includes staying up-to-date on legal developments and avoiding taking on cases that are beyond their expertise; 2. Lawyers must represent their clients diligently and zealously. This means putting forth their best efforts to protect their clients' interests and meeting deadlines; 3. Lawyers must act with honesty and integrity in all their dealings. They must avoid engaging in dishonest or unethical practices; 4. Lawyers must treat all parties fairly, including opposing counsel and the court. They must avoid using unfair tactics or misleading the court; PANGASINAN STATE UNIVERSITY 2  FM-AA-CIA-15 Rev. 0 10-July-2020 Study Guide in (Course Code and LEGAL OFFICE PROCEDURES) Module No. 9 5. Lawyers must maintain their independence and avoid conflicts of interest. They must act in the best interests of their clients and not allow personal or financial interests to influence their judgment; and 6. Lawyers must maintain the confidentiality of their clients' communications and information. This includes protecting client secrets and privileged communications. Common Ethical Dilemmas 1. Conflicts of interest 2. Confidentiality vs. disclosure 3. Competence vs. overwork 4. Fairness vs. zealous advocacy Enforcement of Professional Conduct Legal professionals are subject to disciplinary action if they violate the rules of professional conduct. This can include sanctions such as suspension or disbarment from practice. Professional conduct committees and bar associations are responsible for investigating and enforcing these rules. Protecting Client Information Confidentiality is a fundamental principle in the legal profession. It requires lawyers to maintain the secrecy of their clients' communications and information. This includes protecting client secrets and privileged communications. Attorney-Client Privilege? Attorney-client privilege is a legal doctrine that protects confidential communications between a lawyer and their client. This means that the client can freely disclose information to their lawyer without fear that it will be revealed to others. Elements of attorney-client privilege: The communication must be between a lawyer and their client; The communication must be intended to be confidential; and The communication must be made in the context of a professional attorney-client relationship. Exceptions to Attorney-Client Privilege While attorney-client privilege is a strong protection, there are some exceptions: Future crimes If a client communicates with their lawyer about a future crime, the privilege may be waived. Client-lawyer crime PANGASINAN STATE UNIVERSITY 3  FM-AA-CIA-15 Rev. 0 10-July-2020 Study Guide in (Course Code and LEGAL OFFICE PROCEDURES) Module No. 9 If the client and lawyer commit a crime together, the privilege may be waived. Self-incrimination If a client seeks legal advice to assist in a crime or fraud, the privilege may be waived. Joint representation If multiple clients are represented by the same lawyer, the privilege may be waived if one client seeks to use the privilege against another client. Importance of Confidentiality Confidentiality is essential for maintaining trust between lawyers and their clients. It allows clients to freely discuss their legal matters without fear of disclosure. This encourages open communication and helps lawyers provide effective legal representation.A2 Protecting Client Information Confidentiality is a fundamental principle in many professional fields, including law, medicine, finance, and therapy. It refers to the obligation to keep information about a client private and secure. This obligation is typically based on ethical codes, professional standards, and sometimes legal requirements. Importance of Confidentiality Confidentiality fosters trust between the professional and the client. When clients feel that their information is safe, they are more likely to be open and honest, which is essential for effective service; Protecting client privacy is a fundamental human right. Confidentiality ensures that individuals have control over their personal information; and Many professions have specific legal or ethical requirements regarding confidentiality. Failure to comply with these requirements can lead to serious consequences. Measures to Protect Confidentiality 1. Establish written policies and procedures that outline the organization's commitment to confidentiality and the steps taken to protect client information; 2. Ensure that all employees who have access to client information are trained on confidentiality standards and best practices; 3. Implement secure storage methods for both physical and electronic documents, such as locked filing cabinets, password-protected computers, and encryption; 4. Limit access to client information to authorized personnel on a need-to-know basis; 5. Use secure communication channels, such as encrypted email or secure messaging apps, when transmitting sensitive information; 6. Create a plan to address data breaches or other confidentiality incidents promptly and effectively; and 7. Conduct regular reviews of confidentiality policies and procedures to ensure they remain effective and up-to-date. PANGASINAN STATE UNIVERSITY 4  FM-AA-CIA-15 Rev. 0 10-July-2020 Study Guide in (Course Code and LEGAL OFFICE PROCEDURES) Module No. 9 Exceptions to Confidentiality A professional may be required to disclose information to law enforcement or regulatory authorities in response to a subpoena or court order. (legal requirements) If a client poses a serious threat to themselves or others, the professional may be obligated to disclose information to prevent harm. The client may give explicit consent for their information to be shared with a third party. Competence Competence is a fundamental principle in the legal profession. It refers to the ability of a lawyer to provide effective legal services to clients. This requires a combination of knowledge, skills, and ethical conduct. Importance of Competence 1. Quality of Service 2. Client Protection 3. Professional Reputation Components of Competence 1. Knowledge o A deep understanding of the substantive law applicable to a client's matter. o Familiarity with the rules of procedure governing court proceedings. o Knowledge of relevant case law and legal precedents. 2. Skills o The capacity to analyze legal issues and apply relevant laws to specific factual scenarios. o The skill of effectively representing clients in court or other legal proceedings. o The ability to negotiate settlements and agreements on behalf of clients. 3. Ethical Conduct o Adherence to the ethical rules governing the legal profession. o Prioritizing the best interests of clients. o Maintaining client confidentiality. Maintaining Competence Regularly participate in CLE courses to stay updated on legal developments and trends; Seek guidance and mentorship from experienced lawyers; Build relationships with other legal professionals to share knowledge and best practices; Focus on specific practice areas to develop expertise; and Stay updated on legal technology and tools to enhance efficiency and effectiveness. SUMMARY PANGASINAN STATE UNIVERSITY 5  FM-AA-CIA-15 Rev. 0 10-July-2020 Study Guide in (Course Code and LEGAL OFFICE PROCEDURES) Module No. 9 Competence is defined as the ability to do something well, effectively, and with skill. This quality is present both in personal and professional life. In competence, it is important to apply legal ethics at all times. As to personal benefit, it is necessary that self-esteemed is developed and eventually achieve. Achieving competence boosts self-confidence and self-worth where individuals are better equipped to handle challenges and find solutions. Competence allows people to be more independent, self-reliant, successful to achieve fulfillment and satisfaction. Therefore. skilled individuals are less likely to lose their jobs during economic downturns. Competent professionals can better serve their clients and customers, leading to higher satisfaction to attract new opportunities and clients. A competent workforce contributes to a strong economy. This is one of the societal benefits where competent individuals are more likely to develop new ideas and drive innovation. A population with high levels of competence can improve overall quality of life. Indeed, a valuable asset that can lead to greater fulfillment, opportunities, and positive outcomes. As to legal ethics, professionals can help to ensure the protection of client confidentiality and maintain the trust and integrity of their relationships. Lawyers can ensure that they are providing the highest quality legal services to their clients and upholding the integrity of the legal profession. In the Philippines, legal ethics is designed to ensure that lawyers provide high-quality legal services to their clients and uphold the integrity of the legal profession. REFERENCES Books: Legal Ethics: By Stephen M. Bucher The Lawyer's Guide to Professional Responsibility: By Geoffrey C. Hazard, Jr. and Susan T. Licari Legal Ethics and Professional Responsibility: By Charles W. Wolfram Articles: "The Future of Legal Ethics" by Susan T. Licari (ABA Journal) "The Ethical Challenges of Artificial Intelligence in the Legal Profession" by Gregory T. Silbert (ABA Journal) "The Role of Technology in Legal Ethics" by David E. Wilkins (Harvard Law Review) Websites: American Bar Association (ABA) Center for Professional Responsibility: https://www.americanbar.org/topics/ethics/ National Conference of Bar Examiners (NCBE): https://eapp.ncbex.org/ State Bar Associations: Most state bar associations have their own ethics guidelines and resources available on their websites. PANGASINAN STATE UNIVERSITY 6