PREAMBLE: A LAWYER'S RESPONSIBILITIES
[1] A lawyer, as a member of the legal profession, is a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice.
[2] As a representative of clients, a lawyer performs various functions. As advisor,
a lawyer
provides a client with an informed understanding of the client's legal rights and obligations and
explains their practical implications. As advocate, a lawyer zealously asserts the client's position
under the rules of the adversary system. As negotiator, a lawyer seeks a result advantageous to
the
client but consistent with requirements of honest dealing with others. As intermediary
between
clients, a lawyer seeks to reconcile their divergent interests. A As an evaluator,
a lawyer acts as
evaluator by examining a client's legal affairs and reporting about them to the client or
to others.
[3] In addition to these representational functions, a lawyer may serve as a third-party neutral, a nonrepresentation role helping the parties to resolve a dispute or other matter. Some of these Rules apply directly to lawyers who are or have served as third-party neutrals. See, e.g., Rules 1.12 and 2.3. In addition, there are Rules that apply to lawyers who are not active in the practice of law or to practicing lawyers even when they are acting in a nonprofessional capacity. For example, a lawyer who commits fraud in the conduct of a business is subject to discipline for engaging in conduct involving dishonesty, fraud, deceit, misrepresentation. See Rule 8.4
[4] In all professional functions a lawyer should be competent, prompt and
diligent. A lawyer
should maintain communication with a client concerning the representation. A lawyer should
keep
in confidence information relating to representation of a client except so far as disclosure is
required
or permitted by the these Rules of Professional Conduct
or other law.
[5] A lawyer's conduct should conform to the requirements of the law, both in professional service to clients and in the lawyer's business and personal affairs. A lawyer should use the law's procedures only for legitimate purposes and not to harass or intimidate others. A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers and public officials. While it is a lawyer's duty, when necessary, to challenge the rectitude of official action, it is also a lawyer's duty to uphold legal process.
[6] As a public citizen, a lawyer should seek improvement of the law, access to
the legal system,
the administration of justice and the quality of service rendered by the legal profession. As a
member of a learned profession, a lawyer should cultivate knowledge of the law beyond its use
for
clients, employ that knowledge in reform of the law and work to strengthen legal education.
In
addition, a lawyer should further the public's understanding of and confidence in the rule of law
and
the justice system because legal institutions in a constitutional democracy depend on popular
participation and support to maintain their authority. A lawyer should be mindful of
deficiencies
in the administration of justice and of the fact that the poor, and sometimes persons who are not
poor, cannot afford adequate legal assistance, and. Therefore, all
lawyers should therefore devote
professional time and resources and use civic influence in their behalf
to ensure equal access to our
system of justice for all those who because of economic or social barriers cannot afford or secure
adequate legal counsel. A lawyer should aid the legal profession in pursuing these
objectives and
should help the bar regulate itself in the public interest.
[7] Many of a lawyer's professional responsibilities are prescribed in
the these Rules of
Professional Conduct, as well as substantive and procedural law. However, a lawyer is
also guided
by personal conscience and the approbation of professional peers. A lawyer should strive to
attain
the highest level of skill, to improve the law and the legal profession and to exemplify the legal
profession's ideals of public service.
[8] A lawyer's responsibilities as a representative of clients, an officer of the legal system and a public citizen are usually harmonious. Thus, when an opposing party is well represented, a lawyer can be a zealous advocate on behalf of a client and at the same time assume that justice is being done. So also, a lawyer can be sure that preserving client confidences ordinarily serves the public interest because people are more likely to seek legal advice, and thereby heed their legal obligations, when they know their communications will be private.
[9] In the nature of law practice, however, conflicting responsibilities are
encountered. Virtually
all difficult ethical problems arise from conflict between a lawyer's responsibilities to clients, to
the
legal system and to the lawyer's own interest in remaining an upright
ethical person while earning
a satisfactory living. The These Rules of Professional
Conduct often prescribe terms for resolving
such conflicts. Within the framework of these Rules, however, many difficult issues of
professional
discretion can arise. Such issues must be resolved through the exercise of sensitive professional
and
moral judgment guided by the basic principles underlying the Rules. These principles
include the
lawyer's obligation zealously to protect and pursue a client's legitimate interests, within the
bounds
of the law, while maintaining a professional, courteous, and civil attitude toward all persons
involved in the legal system.
[10] The legal profession is largely self-governing. Although other professions also have been granted powers of self-government, the legal profession is unique in this respect because of the close relationship between the profession and the processes of government and law enforcement. This connection is manifested in the fact that ultimate authority over the legal profession is vested largely in the courts.
[11] To the extent that lawyers meet the obligations of their professional calling, the occasion for government regulation is obviated. Self-regulation also helps maintain the legal profession's independence from government domination. An independent legal profession is an important force in preserving government under law, for abuse of legal authority is more readily challenged by a profession whose members are not dependent on government for the right to practice.
[12] The legal profession's relative autonomy carries with it special responsibilities
of
self-government. The profession has a responsibility to assure that its regulations are conceived
in
the public interest and not in furtherance of parochial or self-interested concerns of the bar.
Every
lawyer is responsible for observance of the these Rules of
Professional Conduct. A lawyer should
also aid in securing their observance by other lawyers. Neglect of these responsibilities
compromises the independence of the profession and the public interest which it serves.
[13] Lawyers play a vital role in the preservation of society. The fulfillment of
this role requires
an understanding by lawyers of their relationship to our legal system. The
These Rules of
Professional Conduct, when properly applied, serve to define that relationship.
Reference: Minutes of the Professional Conduct Subcommittee of the Attorney Standards Committee on 01/10/86; Minutes of the Joint Committee on Attorney Standards on 09/24/04, 06/14/05.