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  • Essay / Lawyers' Essay - 2618

    IntroductionThe duties of lawyers do not only concern their clients, because there is also a “public interest in the duty being performed” [1P3]. Lawyers find themselves in the unique position of quasi-state actors in society. Although not officially part of the state, they are essential to the proper functioning of the legislative, executive, and judicial branches of government [1P3]. Several features of the duties and responsibilities of lawyers are distinct from the legal profession. The justification for such characteristics lies in the function that lawyers are expected to perform in society. It is the vital character of lawyers in society that justifies their unique position. The legal profession is largely autonomous [1P9]. In New Zealand, for example, the New Zealand Bar is responsible for regulating lawyers [Lawyers&Conveyancers Act]. One justification for this arrangement is that regulating the profession requires special knowledge and expertise that is possessed only by those with legal training. Lawyers are also generally solely responsible for their own actions and decisions. While professionals in other sectors can, to some extent, offload their responsibilities to the organization of which they are a part [1P10,11], lawyers do not have this luxury. Several ethical theories offer different conceptions of the duties of lawyers. It is important to note, at the outset, that what follows is not a discussion of which ethical theories should guide the behavior of lawyers, but rather a consideration of which is most consistent with the duties of lawyers as defined by the law. Rules contained in the Law on Lawyers and Conveyors. Lawyers are required to adhere to specific professional standards. In New Zealand, ...... middle of article ...... interest is sufficient. It is for this reason that responsible lawyering is not reflected in the rules of conduct for lawyers established in New Zealand (or, indeed, any common law country). virtueThis view takes the approach of focusing on features rather than rules. From this perspective, it is those who possess desirable qualities such as virtue and honesty, in addition to simply following applicable rules and regulations, who are "good lawyers."[1p63] In other words, this approach is, to a large extent, ambitious.Ethics of CareLawyer as AdvisorConclusionIt would seem that a form of “moral pluralism” [2P8] is the answer. That is, none of the above theories is entirely consistent with the duties of lawyers, and each offers a useful perspective on particular rules of conduct and care of clients..