Balancing Client Interests and the Rule of Law in Legal Practice

Introduction

The conflict between client interests and the rule of law arises from lawyers’ financial incentives to win cases. Some lawyers could put their client’s needs ahead of the rule of law, leading to unethical behavior like advocating perjury or concealing evidence. In his book, “Law as Means to an End: Threat to the Rule of Law,” Brian Tamanaha highlighted worries about this development. The legal profession has many protections to prohibit such unethical behavior. These consist of the legal system, disciplinary panels, and ethical guidelines.

Representing Clients’ Interests vs. Prioritizing the Rule of Law

Understanding how the rule of law advances human interests is crucial. It was developed to improve rights protection, justice, and fairness. The rule of law is a foundation for reaching clients’ interests just and reasonably (Kim, 2022). Without necessarily being at odds with the interests of their clients, lawyers might prioritize the rule of law in their legal practice. To achieve this balance, lawyers must be taught their ethical obligations and professional responsibilities toward the rule of law (Wendel, 2019). Law schools might include ethics and professionalism courses to ensure that attorneys understand their responsibilities. Pro bono work can also strengthen an attorney’s devotion to the rule of law while advancing society (Helgesson and Mörth, 2018). Strong disciplinary measures can both prevent unethical behavior and encourage cooperation.

Conclusion

Effective client communication is essential to balance clients’ interests and the rule of law. Lawyers should be transparent with their clients about their legal alternatives and the repercussions of their decisions, especially if these choices conflict with the law. Maintaining a balance between client interests and the rule of law is a constant problem for the legal profession. It is crucial to emphasize the rule of law to keep the public’s faith in the legal system. This can be accomplished through appropriate instruction, robust disciplinary procedures, pro bono work, and efficient client interaction. To ensure justice, fairness, and the preservation of rights, the legal profession’s activities must be guided by its obligation to preserve the rule of law.

Reference List

Helgesson, K.S. and Mörth, U. (2018) “Client privilege, compliance and the rule of law: Swedish lawyers and money laundering prevention,” Crime Law and Social Change, 69(2), pp. 227–248. Web.

Kim, S. (2022) “Reimagining the lawyer’s duty to uphold the rule of law,” Forthcoming, pp. 1–73. Web.

Wendel, B. (2019) “The rule of law and legal-process reasons in attorney advising,” Boston University Law Review, 99(107), pp. 109–174. Web.