Monday, November 18, 2019
Discrimination in the Legal Profession Essay Example | Topics and Well Written Essays - 1000 words
Discrimination in the Legal Profession - Essay Example Legal profession requires autonomy and independent functioning because legal system is a free activity. A legal professional has to execute his day-to-day activities continuously and effectively to the best of his ability. Usually only qualified lawyers render legal assistance. Now paralegal service is becoming popular; but there too, person needs qualifications and has to clear prescribed examinations.Lawyers have to offer legal advice, draft documents like wills, statements, contracts and represent their clients. They are also responsible for drawing up requests, pleadings, complaints, and motions. Definitely they are not allowed to carry out any activities that are detrimental to their profession. Unless otherwise determined by law, organisation would take up action against professionals who are not fully qualified to render legal assistance. Lawyers also have the right and duty to undertake any action, law permitting, for the benefit of their client. Lawyers can substitute for on e another at times of emergency or difficulty. Lawyers can deny legal assistance if clients are defying code of conduct or organisational code of ethics, or blatantly ignoring legal advice. If organisation gives a special duty to a solicitor, he can refuse it if it does not fall under the purview of his specialisation and can cancel a Power of Attorney and hence, legal professionals enjoy freedom and individuality.Safekeeping and returning of documents, signing documents with the seal of law office, protection of confidences.... If organisation gives a special duty to a solicitor, he can refuse it if it does not fall under the purview of his specialisation and can cancel a Power of Attorney and hence, legal professionals enjoy freedom and individuality. Safekeeping and returning of documents, signing documents with the seal of law office, protection of confidences and secrets, providing data available are part of duties imposed on lawyers by professional organisation. They are protected from arrests (unless they commit criminal activities), their offices cannot be easily searched without prior consent of a competent court, which will keep organisation informed of the search and Organisation's representatives should be present during the search. And during such a search, secret documents could not be violated as it might be injurious to the clients' cause and evidence obtained through such search cannot be used in the court against the client. Organisation allows the attorneys to charge according to the gravity of the case and even though there are definite rules governing the remuneration, mostly lawyers charge according to importance of case and client. Also lawyers are allowed to reimburse themselves from the deposited cash; but the immediate settlement of remaining cash is their responsibility. Organisation keeps data of their offices, change of addresses and situations, joint offices, affiliations of legal professions. Legal organisational membership is mandatory and organisations are the face of legal profession of that country. Usually organisations advice liability insurance contracts to its members. Solicitors who mainly work in magistrate and county courts, barristers who usually work in Crown Courts, legal executives and judges
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