According to a Harvard professor, lawyers are the keepers of the flame that glows in the torch of Lady Liberty, and the profession's devotion to truth and the rule of law is paramount if lawyers are going to continue to guard the thin and occasional indistinct line that separates civilization from the jungle. And lawyers cannot fulfill their role in society unless they remain independent from public opinion, their clients, and the government. Given that the government is sensitive to rights of individuals and ensuring a fair process, in order for lawyers to do their work, they must be independent in thought and action.
A full independence is essential since without it we would not only degrade ourselves professionally and impair our ability to discharge our duties to clients, but we also would not be able to engage in various types of socially desirable work whether it is aiding the disadvantaged or participating in the policy issues of the day. What you need to know, he says, is that there are four major types of independence that lawyers must adhere to. According to him the types are independence in the practice of law, independence from public opinion, independence from clients, and independence from government. It is less common now, the Independence in the practice of law because most lawyers do not fit the old pattern of the free professional, implying the independent attorney working in a rural or small community.
With that, lawyers worked for themselves and had the freedom to decide what cases they would work on. Since most lawyers now can be found in law firms and working for corporations they have less freedom to make decisions in their work. With that, most lawyers are now facing pressures like preoccupation with long hours.
Practicing law now in most countries has become somewhat of a business which is obscuring what it means to be a professional. Most people now look to reduce costs and delays, which often leads to a preference for avoiding trials at all costs. Too often the trial lawyer is dominated by the pre-trial lawyer who is dominated by the settling lawyer or dominated by the risk adverse lawyer, and all of them are in turn dominated by judicial pressure or client pressure.
It is not so bad when a case goes to trial as sometimes it can actually benefit a lot of people. It can be strange to hear but lawyers need to be independent from public opinion. What you want to remember is that our society gives high respect to the rights of unpopular individuals and groups and ideas, and it is the lawyer who must strive to protect them.
When we look back during the colonial period, the press helped whip the public into frenzy over what was termed the Boston Massacre, where British troops fired into ruckus a mob killing five colonists. During that time it was this lawyer's bravery that made him defend the lawyers and later he went on to help write the Declaration of Independence and served as the nation's second president. It was important for this lawyer that no person in a free society should be denied the right to counsel or denied a fair trial. Due to his representation of the British it increased his public standing and more people supported him. Here, among the six soldiers that were charges four were acquitted and two were convicted only of manslaughter.
According to the lawyer, handling this case was one of the most gallant, generous, manly, and disinterested actions of his whole life and one of the best pieces of service he ever rendered to his country. As much as possible it is better not to listen to the public's opinion so much. One thing lawyers need to keep in mind is that they have an adversarial system in which fairness depends on spirited advocacy on both sides. What lawyers need to know is how they can keep away from the desire to be liked, to compromise their independence, their willingness to stand up for their clients.
A full independence is essential since without it we would not only degrade ourselves professionally and impair our ability to discharge our duties to clients, but we also would not be able to engage in various types of socially desirable work whether it is aiding the disadvantaged or participating in the policy issues of the day. What you need to know, he says, is that there are four major types of independence that lawyers must adhere to. According to him the types are independence in the practice of law, independence from public opinion, independence from clients, and independence from government. It is less common now, the Independence in the practice of law because most lawyers do not fit the old pattern of the free professional, implying the independent attorney working in a rural or small community.
With that, lawyers worked for themselves and had the freedom to decide what cases they would work on. Since most lawyers now can be found in law firms and working for corporations they have less freedom to make decisions in their work. With that, most lawyers are now facing pressures like preoccupation with long hours.
Practicing law now in most countries has become somewhat of a business which is obscuring what it means to be a professional. Most people now look to reduce costs and delays, which often leads to a preference for avoiding trials at all costs. Too often the trial lawyer is dominated by the pre-trial lawyer who is dominated by the settling lawyer or dominated by the risk adverse lawyer, and all of them are in turn dominated by judicial pressure or client pressure.
It is not so bad when a case goes to trial as sometimes it can actually benefit a lot of people. It can be strange to hear but lawyers need to be independent from public opinion. What you want to remember is that our society gives high respect to the rights of unpopular individuals and groups and ideas, and it is the lawyer who must strive to protect them.
When we look back during the colonial period, the press helped whip the public into frenzy over what was termed the Boston Massacre, where British troops fired into ruckus a mob killing five colonists. During that time it was this lawyer's bravery that made him defend the lawyers and later he went on to help write the Declaration of Independence and served as the nation's second president. It was important for this lawyer that no person in a free society should be denied the right to counsel or denied a fair trial. Due to his representation of the British it increased his public standing and more people supported him. Here, among the six soldiers that were charges four were acquitted and two were convicted only of manslaughter.
According to the lawyer, handling this case was one of the most gallant, generous, manly, and disinterested actions of his whole life and one of the best pieces of service he ever rendered to his country. As much as possible it is better not to listen to the public's opinion so much. One thing lawyers need to keep in mind is that they have an adversarial system in which fairness depends on spirited advocacy on both sides. What lawyers need to know is how they can keep away from the desire to be liked, to compromise their independence, their willingness to stand up for their clients.
About the Author:
If you like this paintings article check out dog portrait for more top quality information. To enjoy more quality paintings information make sure to visit pet portraits.
No comments:
Post a Comment