Advocacy: Ethics, Moral And Commandments Of The Lawyer

0 / 5. 0

Advocacy: Ethics, moral and commandments of the lawyer

Ethics, moral and advocacy

In the present work we will begin by giving a brief explanation to what we mean when we talk about ethics, morals and advocacy, then, it is very important to understand what these words mean and what entail.

First we have ethics: (according to the R.A.AND.) is the "set of moral norms that govern the person’s behavior in any field of life". We also have the definition of the Spanish teacher, Angela Aparisi Millares, who in her book "Professional Deontology of the lawyer", defines the concept of ethics as follows: "Ethics can be defined as a regulatory science of human behavior, in in accordance with the fundamental principles of reason, and the demands of the personal nature of the human being, in order to its own end. Three are the aspects to highlight in this definition: the centrality of the person, the importance of the concept of an end, and the reference to human action forms the reason -virud-. (Aparisi, 2013).

This author is mainly governed to three basic aspects where the centrality of the person refers to the limits of the individual, to what extent it is capable or how far it can go within their professional work; In order she refers to the strategies or techniques that the individual uses to achieve a certain objective; Finally we have to act that is the manifestation of the individual’s will. All these aspects mentioned above in conglomerate are those agents that are part and will stick the ethics of an individual.

Continuing, we have morals, according to the R.A.AND. It is the "doctrine of human work that aims to regulate individual and collective behavior in relation to good and evil and the duties they imply". Then we understand that morality is subjective according to each individual, which is formed over time according to the environment in which the person develops and predetermine acts according to the values ​​and principles of the same.

Without a doubt it is also necessary to know what the term advocacy means, what it consists of and what it understands; Advocacy: It is the profession by which defense, advice and legal representation to any of the parties in trial or legal or administrative processes are exercised and provides. There is a lot. But this is not so, this profession is clearly moral, especially because it is one of the most important work and occupations that exist for the benefit and well -being of society. Law professionals are responsible for ensuring compliance with the guarantees and rights that citizens have, they seek justice for people, they seek to give each one what they deserve, without more or less, that is, that, that Everything is equitable so that there is an order in society.

As we know the lack of ethics in many lawyers, it has contributed to people or society themselves to have rooted thoughts that law is not a moral profession; It is generally due to the burntism that individuals give to professional ethics, moved by the ambition to have more and more money leave aside all those values ​​and principles that make the person, all this thinking that they will finally finally achieve happiness and obtain what offers this society.

However, solving this problem can become a bit difficult and although there are deontological codes where certain ethical standards are established, these standards are not fulfilled because they do not enjoy coercibility but very apart from that it depends a lot on the values ​​and principles of the lawyer. The current lawyer must be fair, honest, transparent, that his desire is always to ensure and fight for the fulfillment of the rights of those most fragile and above all seek equity of justice within societies.

The lawyer’s commandments

‘As ethics, law is a constant exercise of virtue. Temptation passes seven times every day ahead of the lawyer. This can make its mission, it has been said, the noblest of all professions or the most vile of the trades ’(Eduardo J. Couture, 2003)

The author indicated above shows us a clear vision that law is a moral profession and that the ethical problems that it can often lead to in gravity of the person who exercises it. These particularities not only occur within the professional field of law but also within all those coexisting professions in society.

Couture points out certain precepts that will help us in the exercise of this noble profession, which I will point out below:

  1. Study. It is necessary to be at the forefront of what happens daily within society, because, this is very changing, which will always give way to conflicts and that is where we as a jurists must be up to the constant study to provide effective solutions To these conflicts.
  2. Think. "Law is learned studying, but is exercised thinking.”Through the reasoning by which we are endowed, human beings can analyze any situation or case that occurs to us during our work in law, and thus make successful decisions that help us seek correct resolutions.
  3. Works. Not everything in life is achieved for free and much less within the legal, it is extremely important to work hard and so we can become better winning work experience.
  4. Struggle. The purpose of a lawyer must always be to fight for the fair, for the right thing, because the rights are always fulfilled and justice prevails.
  5. It lies. Those who exercise law must be one hundred percent loyal, loyal to their clients, judges, constitutions of their countries, their profession, their values ​​and principles. Just being loyal we can obtain results that our person and make us grow in dignity and values.
  6. Tolera. In the day to day there will always be situations or moments that cloud our judgment but before this we should not fall, we must get up with more strength and resist any adversity. Being tolerant is a value that not anyone can have, but with patience and perseverance it is easy to obtain.
  7. Be patient. Being patients is an essential requirement to achieve our goals and get to succeed, because not everything is achieved overnight. Patience is a virtue and every lawyer must have it.
  8. Have faith. We must believe in something, to have ideals, believe in peace, in justice, in which all this means only a simple utopia, but on the contrary, that these ideals can be reached at any time; You just have to believe and have faith, fight for them.
  9. Forget. During the battles you do not always win, but that this is not a reason to throw in the towel, because the fact of losing some judgment, litigation or case is no reason to believe that we have failed labor but that it is another reason to continue fighting to win The wars we face daily.
  10. LOVE YOUR PROFESSION. We must always feel proud of our profession, knowing that we try to make this society a better, one where there is peace and justice and to always provide support and solutions to our fellow men.

 

Deontological Code of the lawyer

When referring to the lawyer’s deontological code we express that they are the set of principles and duties that will guide the behavior in the exercise of the profession from a point of view and ethical perspective. In the practice of this career values ​​such as freedom, independence, dignity, integrity, etc. survive.

The main characteristics that distinguish the behavior of a professional are clearly exposed:

  • The lawyer must act with criteria for honesty and good faith.
  • The lawyer will give information to his client about goods and money that he can receive.
  • Professional secrecy is a duty and right that the lawyer possesses.
  • Punctuality is part of the lawyer’s duty in any diligence, with clients or his colleagues.
  • You should not ensure success about a case only to give value criteria on the right that you assist you.
  • Bounded is a serious fault to his honor and at the same time to the ethics of his profession.

When the lawyer acts outside his scope of residence, he has to obey the ethical and deontologies rules where he is like those of his state of origin, for the development of his professional performance.

All are governed under stipulated codes, as a professional this must expand their legal knowledge of that place in which they want to exercise the profession without forgetting their acquired epistemology. Every time we are constantly changing for what the knowledge of knowledge is indispensable in any type of profession and for those who carry out their exercise, precautionary the general well -being of people is of importance for those who exercise justice.

The independence of the lawyer is a requirement of the rule of law, therefore it is a duty and right, this will defend and advise the interests of its sponsor. In the exercise of law, independence limits it not to exercise any other types of activities or professions that are incompatible.

Freedom of defense is a means that the lawyer uses to freely defend and advise his sponsored, without the use of illicit means, or fraud as a way to avoid laws, the action of the same and his expression are based on the principle of good faith and to the rules of professional practice and this will be protected by the Organic Law of the Judiciary. His lawyer and client are based on a relationship of trust and integrity which will defend the interests of the same.

It is a duty and right of the lawyer the secret of profession which is characterized by its action under a case, several rules imposed on which each regulate its action in a litigation and in turn with its client.

The professional secret of the lawyer

This consists of keeping any fact or news that our sponsored declare before the lawyer to provide its services, it is known that it is a legal and right of the professional of some careers to give the reserve principle, guarantee of trust between the professional and Who requires its services.

In the exercise of this profession they will act with loyalty, righteousness, veracity, etc. It is a duty that lasts even after having completed a sentence and even after having provided its services even if it no longer is part of a litigation, in case of exposure of a confidential issue, it will be sanctioned according to rules already established in advance.

Actions that attempt against the ethics of the lawyer

In judicial actions that threatens the good ethics of the lawyer are corruption, concussion and bribery, unfair these are some in which it will be exposed.

Corruption is the fact that threatens morality and legal precepts in which it has to achieve its aims or revenues. Bounded and concussion is an act directly or indirectly, a serious fault with the ethics and honor of the lawyer, disloyalty is instead an action against his client thus demonstrating his lack of commitment to the same.

The lawyer is constantly writing all kinds of writings on issues related to the cases of his sponsor in a trial, here the principles that he possesses for resolution will be demonstrated.

The existence of all kinds of cases in which a lawyer faces is consequently the current inconvenience for the justice of those who are defending themselves to the aggression or insult of another person.

In most cases they require interaction in which professional secrecy is one of the means to carry a good procedure in the process of litigation.

However, the lawyer can be influenced by the opposite part to be unfair to his client either economically and here when his ethics is demonstrated in these types of situations. Therefore we say that the relationship between the lawyer and his client is based on the structure of trust between the two giving full knowledge of how the process will take.

The sponsor will declare before his lawyer all information that is necessary for the resolution of the fact and this in turn will use his knowledge obtained in the exercise of law without ensuring success to whom he provided his services only giving opinions.

Bibliography

  1. R.A.E Dictionary
  2. Professional Deontology of the lawyer, Aparisi Millares
  3. The lawyers of the lawyer, Eduardo J. Couture, 2003
  4. https: // www.advocacy.ES/2014/08/01/CODE-EDOLOGICO-LAS-NORMAS-DE-ACTUACION-DEL-ABOGADO-2/
  5. https: // www.RIGHTEUADOR.com/Secret-Professional-Del-Abogado
  6. https: // service.com/Blog/Problem-se-enfrontan-los-abogados/
  7. https: // prezi.com/m/gbuytanjiion/code-zeontologico-de-abogado/

Free Advocacy: Ethics, Moral And Commandments Of The Lawyer Essay Sample

Related samples

Zika virus: Transmission form Introduction The Zika virus belongs to the Flaviviradae family, was found for the first time in a monkey called Rhesus febrile and in...

Zika virus: cases and prevention Introduction The World Health Organization (WHO) has confirmed that Zika is a virus caused through the mosquito bite which is...

Zeus The King of Greek mythology Introduction Zeus is the Olympic God of heaven and thunder, the king of all other gods and men and, consequently, the main figure...

Zeus's punishment to Prometheus Introduction Prometheus, punished by Zeus Prometheus, punished by Zeus. Prometheus is a ‘cousin’ of Zeus. He is the son of the...

Comments

Leave feedback

Your email address will not be published. Required fields are marked *