DUTIES AND RESPONSIBILITIES OF A LAWYER
IN HANDLING CASES
As court officers, lawyers have an important role to play in
preserving society. The fulfillment of this role requires an understanding
by lawyers of their relationship with and function in our legal system. A
consequent obligation of lawyers is to maintain the highest standards of
ethical conduct.
In carrying out his professional duties, a lawyer inevitably plays
various roles that require the execution of many difficult tasks. Not every
circumstance he can face can be foreseen, but basic ethical principles are
still in place to guide him.
The first and foremost duty of a lawyer is to advocate the proper
administration of justice. Hence, lawyers are expected to be at the forefront
in the observance and maintenance of the rule of law and of the
preservation of its democratic institution and liberties.
Also, according to the Code of Professional Responsibility, the
lawyers should be guided by their four-fold duties – to the courts, the
clients, their colleagues and the society. Firstly, lawyers has the duty to
maintain respect due to courts for that said respect guarantees the stability
of our democratic institutions. He has the right to criticize the wrong
doings of the court, however, he must see to it that he uses respectful
language. Furthermore, a lawyer’s duty is to render service without the
involvement of any disrespect to the judicial office which he is bound to
uphold. Secondly, the duty of the lawyer to his client is considered as
highly personal, highly fiduciary, and highly confidential. A lawyer owes
fidelity to the cause of his client and he shall be mindful of the trust and
confidence reposed in him. He is truly expected to be vigilant in the
prosecution or defense of his client’s right. However, a lawyer must see to it
that although he is expected to defend his client’s cause, it should not be at
the expense of the truth and the defiance of the clear purpose of laws.
Thirdly, a lawyer’s duty to his colleagues is to always maintain respect
towards each other. Fourthly, his duty to the society, according to the Code
of Professional Responsibility is that, a lawyer shall make his legal services
available in an efficient and convenient manner compatible with the
independent, integrity and effectiveness o the profession. He shall not
reject, except for valid reasons, the cause of the defenses or the oppressed.
With all the foregoing duties mentioned, it is true therefore that a
lawyer has a more dynamic and positive role in the community than merely
complying with the minimal technicalities of the statute. As a man of law,
he is necessarily a leader of community, and is looked up to as a model
citizen.
An attorney must always be mindful that the practice of law is more
of a privilege than a right. It is granted by the state only to those who
measure up to the exacting standards of mental and moral fitness.