Duties of Lawyers to Client
- PART I: Foundation - Fiduciary Relationship -
The Lawyer-Client Relationship
The legal profession is a noble and honourable profession with high expectations. Rule 1 RPC provides that a lawyer shall:
- Uphold and observe the rule of law;
- Promote and foster the cause of justice;
- Maintain a high standard of professional conduct;
- Not engage in conduct unbecoming of a legal practitioner.
The relationship between lawyer and client is fiduciary in nature - a position of trust. The lawyer must at all times be honest, fair, and open in dealing with his client.
The 12 Rules on Duties to Client - Rules 14–25 RPC
- R14 - Dedication and Devotion to the Cause of the Client;
- R15 - Representing the Client within the Bounds of the Law;
- R16 - Representing the Client Competently;
- R17 - Conflict of Interest;
- R18 - Agreement with Client;
- R19 - Privilege and Confidence of a Client;
- R20 - Lawyer as Witness for Client;
- R21 - Withdrawal from Employment;
- R22 - Calling at Client’s House or Place of Business;
- R23 - Dealing with Client’s Property;
- R24 - Responsibility for Litigation;
- R25 - Investigation of Facts and Production of Witnesses.
- PART II: Rule 14 - Dedication & Devotion -
Core Duty
A lawyer is duty-bound to devote his attention, energy and expertise to the service of his client and act consistently with the client’s best interests.
4 Specific Obligations
- Consult with client on questions of doubt outside lawyer’s discretion (e.g. settlement out of court, granting concessions);
- Where claim or defence is hopeless, inform the client accordingly;
- If employed for a court case, be personally present or properly represented throughout proceedings;
- Negligence in handling client’s affairs may amount to professional misconduct.
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