What ethics are lawyers obligated to follow?
The role of the lawyer today
The main intention of this work is to approach the idea of the existence of an unequivocal relationship between ethics-morality with deontology, with respect to the legal professions in general and in particular, with the legal profession.
In their professional work, the importance assumed by the legal operator is reflected in any act related to a legal rule, since they are precisely those who have the function of interpreting and applying the law. In this sense, it is noteworthy how the function of the legal operator varies in direct dependence of the function performed in the field of professional action, since it can be projected in the field of legal teaching, as a theoretician of law, as an interpreter, as a mediator, among many other functions. All this shows that “these models appear mixed or confused in the reality of a specific legal culture” (Peces Barba Martínez, 1987), which is none other than the application and interpretation of law.
What are the ethics of a lawyer?
The lawyer’s professional ethics are the obligations and duties that govern the practice of his profession. In this way, maximum protection is guaranteed to each client. Thus, a code of ethics will positively oblige the legal professional to comply with certain obligations.
What should a lawyer’s behavior be?
– (Conduct of the lawyer) The lawyer must observe at all times an impeccable conduct, be honest, fair, dignified and respectful of the Political Constitution of the State and the Laws of the Republic.
What are the ethical principles of lawyers?
In the exercise of the profession, the lawyer must bear in mind that he/she fulfills a social function, and must therefore act in accordance with the principles and values that inspire this Code, such as diligence, probity, good faith, freedom and independence, justice, loyalty, honesty, dignity and respect, in accordance with the principles of the Code….
Conclusion of the lawyer’s professional ethics
Section 25, paragraph 8, of Law 5177 (now Section 25, paragraph 7, of the text approved by Decree 2885/01) and Section 32, paragraph b) of Decree No. 5410/49 (now Section 27, paragraph b, of the Regulations approved by Decree 2885/01), impose on the Bar Association of the Province the obligation to issue Rules of Ethics for lawyers. A Special Commission constituted by Dr. Sixto F. Ricci, President of the Bar Association of the Southwest Judicial Department, and Dr. Santiago Cenoz, President of the Bar Association of the South Coast Judicial Department, was in charge of drafting the project.
The references placed at the end of each article correspond, except for three or four exceptional references, to Cressoniéres, Calvento and the law regulating the profession of notary public in the Province, to the following four ordinances:
(b) Norms of Professional Ethics of the Lawyer, projected by Dr. J. M. González Sabathié and sanctioned by the Argentine Federation of Bar Associations on May 26, 1932 (they are designated with the abbreviation Fed.).
Lawyer’s professional ethics essay
Article 1°.- (Purpose) The purpose of this Code is to establish a set of rules to which the lawyer shall subject his conduct in the professional practice, in order to maintain and enhance the dignity he enjoys by reason of his profession, indispensable for the proper administration of justice and fundamental basis for human coexistence.
Article 3 – (Characteristics of the rules) The rules related to the practice of law are mandatory and unrenounceable, its application is entrusted to the Courts of Honor of the Departmental Bar Associations and the National Court of Honor, whose decisions cause state and do not admit further appeal.
Article 4°.- (Ethical infraction) Are those conducts that go against the professional oath, or constitute an infidelity to the same, or to the norms of the present code and the good customs. The ethical infraction is proven by means of disciplinary proceedings.
(Right to respect) Every professional lawyer in the exercise of his profession has the right to be treated with respect and consideration by judicial or administrative officials, whether they are judges, magistrates, ministers and colleagues or their clients.
Examples of attorney misconduct
This Code of Ethics applies to lawyers who are members of the Asociación Nacional de Abogados de Empresa, Colegio de Abogados, Asociación Civil (hereinafter referred to as the Association or the Colegio), its sections or delegations and, as appropriate, to law clerks who are members of the Association and corresponding sections of the Sections or Delegations.
In this Code, the references made to “the Lawyer” or “the Lawyers” shall be understood to be made to the active members of the Association as defined in Article Twenty Eight of the Bylaws of the Association and, as applicable, to the aforementioned law trainees.
The lawyer must bear in mind that he is a servant of the law and a coadjutor of justice; and that the essence of his professional duty is to advise and defend loyally and diligently and with strict adherence to moral standards, the rights of his client.
The lawyer must act with probity and good faith. He must not advise fraudulent acts or falsely affirm or deny, make inaccurate, mutilated or malicious quotations, or perform any act that hinders the good and expeditious administration of justice.