Law Assignment Essay writing Study help: Legal Profession in law practitioners

Law Assignment Essay Writing Study Help Review Analysis:

The legal profession

It is a general rule that a law practitioner, a barrister or a solicitor in New South Wales must act in the administration of justice and maintain the high standard of the legal profession. An advocate owes certain duties towards the court, the clients and the person before who they appear and also towards their barrister and advocate colleague.

Any advocate, who is approached by the client, must help his client in the interest of justice. It is true that the advocate has duty towards the client but he is not to be treated as client’s mouthpiece. He should support his client legally and professionally not emotionally.

It is mentioned in the Barrister’s rule 32-34, that any client who during the pendency of the case, discloses to the barrister that he lied to the court, falsified the evidence and all the other documents then the barrister or the advocate can choose one of many options available to him.

As in the present scenario, advocate came to know about the criminal nature of her client by her own confession. The client was accused of murders of many children. She also confessed that she does not think that she is going to change in future. In such circumstances where advocate has the knowledge about the monster behavior of her client she may refuse to take part in the case further unless her client authorizes the barrister to inform the court about it.

Although her client is guilty but maintaining the plea of not guilty, in this case the advocate may refuse the brief but as the client insist the same barrister to appear then the advocate may keep the brief. In this case she must not falsely accuse some other person for the offence. She must also try to prove in the court that all the evidence for the defense of her client is true. It is the duty of advocate here that she must inform her client about the consequences and danger of client’s disobeying the court’s order.

1. No, doubts Sigourney had committed a heinous crime of murdering the innocent kids, with the help of her sister Jennifer but the advocate who is advocating her case must also be very careful about the case and her duties. She does not have the duty only for the client but also towards the court. Above all she owes the duty for the administration of justice and assisting the courts to reach at the truth and justice in a prompt and efficient manner. It is the professional duty of the advocate that she should not take part in the case anymore and should inform the disclosures made by her client, Sigourney to the court of law and also about the wrong alibi presented by her sister Jennifer in the case. There always exists a tussle between the professional and commercial duties of a solicitor practicing independently. Coming to the role of advocates, it is observed that the laws in Australia vested much reliance on the practitioners to uphold the rule of law through their duty to the courts. An advocate may get immunity from any action against him in case of tassel between the interests of client and the court but in no way he or she should get immunity if it comes to the interest of society.[3]  Hence, in the given scenario the advocate, after the confession of Sigourney about the murders she had committed should realize her own duty as a legal practitioner and should refuse her to participate further or help her in the case. She may also return the brief made by her earlier. Not only the client but her sister was also of the same criminal nature and both of them are dangerous for the community at large, they should not be given legal assistance to protect themselves.
2. It is the duty of an advocate or practitioner of law that he or she should not disclose any matter or material related to the case to any third person, during or after the termination of the matter, especially through media, even if the client is inaccurate or has disclosed something very important to the client. An advocate is not supposed to disclose the confidential communication between him and his client. The confidential communication has been defined as the communication between the people who are under the obligation, expressly or impliedly not to disclose it.

In present scenario, the advocate with a feeling of guilt discloses all the matter about her client’s crime, that should be remained confidential, to the media, which she is not supposed to do as a practitioner of law unless and otherwise the client himself authorizes her or the law compels her to do so.

As a general rule, Sigourney on such breach may sue the advocate or the practitioner under the law of contract; she may make an appeal for conviction, alleging the miscarriage of justice. The client may claim the restitution as the advocate breaches her fiduciary duty of being loyal. As the advocate breached the confidence between them, the client may seek an injunction against her to prevent her from doing this or sue in contract. The client also has the option to sue her in terms of equity.

The client can take action against the advocate on the ground of his breach of obligation to keep the secret of the client but the burden of proof lies on the person claiming such privilege that the communication between them was such confidential. Here in the present case the advocate was under such obligation but the type of confession made by Advocates client was beyond the level of secrecy. Sigourney disclosed her secret murders she has committed and also her intentions that she is not going to stop in near future. Sigourney with such mental status is a real threat for the society and public interest.[5] Therefore her advocate can not be held guilty of the breach of any provision of the advocates rule or legal profession ethics if she discloses the conversation with the other people for the protection of public interest at large. The main objective of the practitioners or advocate is to promote the justice and maintain the standards of legal profession.

1. The main purpose of the Barrister’s rule is to provide the basic requirements for the practice as an advocate or barrister and setting the rule and code of conduct while practicing. Any barrister who intends to practice as an advocate owes its duty in the administration of justice. An advocate must not be engaged in the dishonest and prejudicial to the administration of justice. They should also not be involved in such practices which is likely to diminish the public confidence in the profession or disrepute the legal profession.

Here Sigourney and her sister Jennifer are the students of law and also completed the Practical Legal Training, they have the required qualification for being a barrister. There are some factors which undermine one fame and character, such as:

1. Previous criminal behavior
2. Previous improper conduct in course of profession and education.
3. Non disclosure of previous improper conduct on admission.[6]

The two sisters although qualified on the basis of their education to become and advocate  and practice law independently after getting the certificate of practice, they are going to mislead the courts and the admission board as they are having the criminal background. The courts always take the abuse of process matters very seriously, any kind of petty dishonest in practice such as plagiarism  and the most serious like if you have murdered someone and lied to the courts, you will have to face the charges of breach of the advocates rules and all the other rules of admission. Therefore, if the admission board ever came to know about the mischievous and criminal nature of these sisters will definitely suspend them from practicing for few years or their certificate and license to practice may be cancelled.

For a general rule, an advocate owes the duty to serve towards his client but it should not be treated as slavery or in other words the advocate must not be treated as the mouth piece of the client. An advocate may refuse to advise a client on certain matter if he thinks that it is inappropriate for the administration of justice. Here in this situation the advocate should not be made guilty of the breach of his duty towards the client as she showed the case file to the admission board, because his duty not only binds her towards her clients but also to the courts. The duty towards the courts is also important and matters because the duty includes the public interest and professional independence.

MD32

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