INTRODUCTION
In simple terms, ethics is a set of principles that tell us what is right and what is wrong. It serves as a guideline for individuals’ actions and differentiates between fairness and injustice, good and bad, dos and don’ts. Ethics play a significant role in a professional setting. An employee, or for that matter, any professional in an organization, must possess highly defined ethics.
In the domain of law, ethics serves as a fundamental pillar that guides attorneys, judges, and all legal professionals. Legal ethics thus are the principles of conduct that members of the legal profession are to observe and follow in their practice.[1] Legal professionals are known to serve justice to society hence, they need to follow the moral principles that hold the basis of justice, integrity, and fairness. Judges or lawyers cannot hamper the public’s trust because if they do, then the public will lose its trust in the judiciary. Lawyers in general owe a duty toward judges, clients, and society.
ROLE AND SIGNIFICANCE OF LEGAL ETHICS
To ensure that people have trust in the legal system of the country, legal professionals must adhere to the ethical standards that are set, which they need to follow. They need to foster trust and confidence in the public concerning the credibility of the legal system which is vital to have a stable social order and the rights of the individuals are protected. If legal professionals follow ethical standards, they will ensure fairness and justice in their outcomes for their clients and add to the judicial system’s integrity. The ethical standard emphasizes the significance of moral behaviour, responsibility, and the quest for justice, motivating individuals and organizations to maintain comparable values in their respective endeavours.[2]
KEY PRINCIPLES OF LEGAL ETHICS
Confidentiality: Confidentiality refers to the duty of the professional person to keep the information of their clients and partners confidential (secret) and refrain from sharing it with others. A legal professional is required to maintain the confidentiality of the information which their clients share with them. This ensures that their clients feel secure to share all the information that is of paramount importance so that the attorney can give suitable advice for their problem. A client needs to open up and be honest with the lawyer. A lawyer must not disclose any sensitive information about their client without the client’s consent.
Due Diligence: In the legal field, due diligence is the process of looking into and assessing an issue before deciding on a course of action. In legal proceedings, due diligence is crucial to make sure that all pertinent data is acquired and examined to reduce risks and make well-informed judgments.[3] A lawyer is required to review all the legal documents, regulatory compliance, financial records, and all the relevant pieces of evidence available in detail to understand the integrity of the matter. He should be prepared with all the necessary skills, knowledge, and data. Hence, lawyers have to be competent enough to help their clients in solving their concerns.
Doctrine of Fairness: Fairness refers to the quality of treating people equally and in the right way without any discrimination. Legal professionals must be impartial and provide them with fair representation of their clients. They should make sure that justice is served without any biasedness. They should not team up with their client’s opposition. They have to be honest in their work and should maintain integrity. Judges on their part must be fair to both parties. The maxim ‘AUDI ALTERAM PARTEM’ means before passing a judgment a convicted person must get an opportunity of being heard. This implies that a judge cannot pass judgment by hearing only one party’s side. This is the doctrine of fairness which gives equal opportunities to the party to present their side of the case.
Truthfulness: Truthfulness implies the ethical practice of being true to clients and the court. A lawyer must not misinterpret the facts of the client’s case and should not misrepresent the facts in court. This is the most crucial ethical standard that a lawyer must inculcate in their daily practice. They should not use any unfair means while preparing for the case.
Avoiding Conflict of Interest: Conflict of Interest can occur in many ways. It can mean that a lawyer might receive benefits from unfavourable outcomes for their client. It can also occur in case that the lawyer has previously represented one side. An advocate is required to not take up a case where there is a conflict of interest. If he takes it up, then he breaches the ethical standards, which would be unfair on the client’s part.
ETHICAL DILEMMA OF A LEGAL PROFESSIONAL
An ethical dilemma is a decision-making issue where two morally conflicting options are presented, neither of which is entirely acceptable from an ethical perspective. There comes a point where you have to choose between your morality and what is expected from you.[4] Professionals in the legal field frequently face difficult moral conundrums in their work. When people encounter conflicting responsibilities, conflicting interests, or tough moral decisions while working, these difficulties occur.
Legal professionals face various kinds of ethical dilemmas during their course of work. A situation might arise where you know your client is guilty and he has committed the crime, your morality says you should not take this case as you do not preach about taking up such cases, but according to your legal ethics, you should represent your client as it is his right to be represented in the court. In such cases, you have to just try to minimize the penalty that will be put on him. This is your ethical standard. In a situation where public safety is more important, then the person must disclose the facts so that greater harm is prevented. Ethical Dilemmas can also occur in cases where the advocate has to zealously represent their client but also needs to check upon the truthfulness in the process. They have to see how far they can push their ethical boundaries in representing their client and also be honest with full integrity and decorum. Lawyers may run into moral dilemmas when their professional obligations clash with their own moral views, values, or beliefs. Finding a balance between one’s own beliefs and the moral obligations to respect the rule of law and honestly represent clients may be quite difficult.[5] In such ethical dilemmas, Lawyers can consult higher authority to decide the further course of action. They can seek mentorship to get their guidance. Various organizations provide resources that provide ethical guidelines and conduct codes and address common ethical dilemmas.
CONCLUSION
Legal ethics are the legal responsibilities that legal professionals are bound to abide by. Legal ethics in a professional setup is of utmost importance for a professional. It holds the values of justice, fairness, integrity, and confidentiality. Legal professionals owe duties to their clients and the court, like acting in a dignified manner, not using any unfair means, being respectful, not withdrawing service halfway, etc. They are not just rules that provide guidelines but also contribute to the public good. Since lawyers are known as the guardians of justice, they must follow ethical standards to ensure fair law administration.[6]
Author(s) Name: Trisha Khandelwal (ILS Law College, Pune)
References:
[1] ‘Legal Ethics’ (Geeks for Geeks, 25 January 2024) <https://www.geeksforgeeks.org/legal-ethics/> accessed 25 January 2025
[2] Ben Shaw-Parker, ‘What is Ethics? Legal and Professional Contexts’ (Juristopedia) <https://juristopedia.com/what-is-ethics-legal/> accessed 25 January 2025
[3] ‘Understanding Due Diligence in Law’ (Legal Rant) <https://legalrant.com/blog/what-is-due-diligence-in-law/#:~:text=Due%20diligence%20in%20law%20refers%20to%20the%20process,analyzed%20to%20make%20informed%20decisions%20and%20mitigate%20risks.> accessed 26 January 2025
[4] Tanishq Tandon, ‘Role of Ethics and Ethical Dilemmas in the Life of a Legal Professional’ (Lawyers Club India, 20 May 2024) <https://www.lawyersclubindia.com/articles/role-of-ethics-and-ethical-dilemmas-in-the-life-of-a-legal-professional-13969.asp> accessed 26 January 2025
[5] ‘Ethical Dilemmas in the Legal Profession: A Critical Examination for Aspiring Lawyers’ (Law Crossing, 19 July 2023) <https://www.lawcrossing.com/article/900054721/Ethical-Dilemmas-in-the-Legal-Profession-A-Critical-Examination-for-Aspiring-Lawyers/> accessed 26 January 2025
[6] Legal Ethics (n 1)
