Critical evaluation on the standard model of professional legal ethics Essay

Critical evaluation on the standard model of professional legal ethics (neutral -partisanship ) - Essay Example According to this theory, the lawyers need to keep high standards of morality in their profession and this at times goes against the interest of their clients. According to Atkinson (1993)â€Å"The concept of lawyering are two correlated principles, partisanship and neutrality. The first of these, partisanship, is the more obvious:' the lawyer is to use all legal means, and the maximum of personal energy and zeal, to advance any client end, subject only to the constraint of the outer limits of the letter of the law. The second, less obvious, principle is neutrality toward the morality of clients' purposes†. Lawyers are the law protecting agents of the society; hence they have the superior obligation to work for the fulfillment of the justice and preservation of the law. The model of professional legal ethics aspire the legal professionals in setting a foundation which is strong in terms of moral and ethics. However, the lawyers have the obligation to heed to his conscience whe n considering a legal fight. A lawyer should not only focus on the freedom of his clients but consider whether the client is ethically right or wrong. Finally, the legal professional ethics aims at serving the interest of the clients but this should not be achieved by going against the moral and ethical standards of the law. Analysis of few cases in relation to professional ethical standards In this section certain cases are being assessed in terms of the professional ethical standards. This is done to consider the implication of ethics and morals by the legal profession in defending their clients. These case studies focus on the problems and dilemmas faced by the lawyers when acting in favor of their clients .A lawyer is a professional with high moral obligation towards his clients as well as the society. Even thought the neutral partisanship allows a lawyer in acting in favor of his clients, it also ask him to act according to the law - abiding rules and principles. He should not reject the moral and ethical values and only look in to the protection of his client. In order to find the complication faced by lawyers, we can study few cases which demand the ethical and moral obligation from the lawyers. Surat & Scheingold(1998) claims that â€Å"The role of lawyers and the scope for legal activity is, for example, considerably broader in the American than in the British common law system. Similarly, in times of crisis, liberal regimes may undertake repressive measures that undermine the rule of law and drive cause lawyers into defensive postures†. Case 1 : Acting for the Pride of Britain Organisation Harold Truman a multi – billionaire is the man who represent the Pride of Britain Organization, which is a political party with specific interest to support British nationals. This political party, PBO which is funded by Truman has taken anti – immigrant stands to protect the job opportunity of British nationals by hindering the prosperity of m igrants. The Truman has contacted the Monkmans solicitors for working on behalf of PBO and initializing the anti – immigrant policies. However, the Monksmans solicitors being a representative for refugees, asylum seekers and economic migrants presented strong objections to the interests of Truman and PBO. Trumen being the client of Monksman solicitors, has the right to get sufficient favors from the latter .However, considering their professional ethics and morals principles, the Monksmans Solicitors decided to abide by their mission of protecting the rights and privileges of local immigrants and refugees . They denied working against their true professional motives, to not to jeopardize their reputation as a protector of immigrants .The case conveys the message that being a lawyer is not only about serving the client