You Will Never Believe These Bizarre Truth Of Lawyers.
The Courts of Justice try and adjudicate all cases except those specified by the Constitution or other laws to be within the jurisdiction of other courts. Thailand, with its King as Head of State, bases its judicial and legal systems on the democratic nation’s Constitution (1) , which recognizes four courts: the Constitutional Court, the Courts of Justice, the Administrative Court, and the Military Court. Many lawyers and law students from around the world come to study or practice law in the United States.
Mexican lawyers are licensed to practice throughout Mexico, not in individual states as in the U.S. There is no integrated bar or requirement to join a bar association. However, in general terms, state courts are organized in the following manner: the highest appellate court is known as the Superior Court of Justice (Tribunal Superior de Justicia); this court is followed by the Courts of First Instance (Tribunales de Primera Instancia) of ordinary jurisdiction charges with hearing civil, criminal and commercial causes. They are highly skilled, trial lawyers who advocate for their clients in and out of the courtroom.
In the past few years, the legal community has been working hard toward establishing an independent judicial system,” said Lin Liguo, a former lawyer based in Shanghai who wrote the lawyers’ letter. While the idea that the Communist Party is in firm control of the legal system is hardly new, to see the idea of judicial independence so explicitly condemned by the country’s top judge, a man once seen as a reformer keen on limiting officials’ power over local courts, came as a shock to many people. In a remarkable speech two days after Li’s release, the chief justice of the country’s Supreme Court told provincial judges to resist erroneous” Western ideals of judicial independence, constitutional democracy and the separation of powers.
Professional ethics are frequently formulated in Codes of Conduct or Rules of Professional Practice, which illustrate the high standards on which reputations for professionalism rest…. Professional Codes or Rules are designed in part to help reassure the public of two conditions. It would therefore be left to the Court, based on the case law, to determine whether a lawyer was in breach of professional ethics. Members of other professions and the public in general, are bound to view with some scepticism the claims of lawyers that the public interest requires them to have a special immunity from liability for negligence…
Furthermore, there remains the issue as to whether the disclosure of a client confidence to the lawyer’s spouse or partner should invoke either a common law remedy or the disciplinary machinery for breach of a professional rule. The question arises as to whether professional rules should preclude the lawyer from acting in any case where he or she is instructed by both parties. Australia, as is common in most jurisdictions, has developed Model Rules of Professional Practice which are being implemented across all the Australian jurisdictions.
It is also an area that requires the balancing of two public interests; namely the interest in clients having full confidence in their lawyers, including the protecting of their confidences, and on the other hand, the interest in the freedom of a lawyer to take instructions and for the client to be represented by the lawyer of his or her choice. And finally because lawyers are a privileged class for only lawyers can, for reward, take on the causes of others and bring them before the courts. Third, because lawyers are admitted as officers of the court and therefore have an obligation to serve the court and the administration of justice.
In any case, the lawyer who acts in accordance with a professional code of ethics may still be engaging in unethical practice. Part of this can be explained by the fact that the client sees the lawyer as the ‘means to justice’ and so if they lose a case – be it criminal or civil – the lawyer and ‘the system’ are easy targets of blame. The sad truth is becoming more and more apparent; our profession has seen a steady decline by casting aside established traditions and canons of professional ethics that evolved over centuries..When we speak of the decline in “ethical” standards, we should not use the term ‘ethics’ to mean only compliance with the Ten Commandments or other standards of common, basic morality…..A lawyer can adhere to all these requirements and still fail to meet the standards of a true profession, standards calling for fearless advocacy within established canons of service.
1.8.15 In recognition of the legal profession’s social responsibility in making legal services accessible to the public, the Law Society’s Pro Bono Services Office, established on 1 August 2007, coordinates and administers all of its pro bono initiatives such as the Criminal Legal Aid Scheme (CLAS – for needy accused persons), Project Law Help, Community Organisation Clinics (for non-profit organisations such as a charity, voluntary welfare organisation and social enterprise), Community Legal Clinics at the Community Development Councils as well as initiatives to raise public awareness of the law. They are mindful that the errant behaviour of a few members of the bar, if left unchecked, can have a detrimental effect on professional values and ethics as well as the public confidence in the legal profession. 1.8.12 To maintain discipline within the legal profession, the Supreme Court are empowered to impose sanctions including striking the lawyer off the Roll, suspension for a specified period and censure.
The Fourth Committee on the Supply of Lawyers (2013) has recommended that the intake of students at SMU Law School be increased and that a new law school be set up which focuses on legal training for those persons who are interested to practise community law as well as similarly interested mature students who have worked as paralegals, social workers, or law enforcement officers. The Government also reviews the supply of lawyers periodically to ensure that the supply of lawyers meets the growing demand for legal talent.