Lawyer Duty In Law

739 Words 3 Pages
The duty of a lawyer has transcended the history of the legal system, despite the many changes in circumstances and environment of society. Indeed, it is through the critical observations of lawyers, during their practice, that their duty to the court and their clients can be exhibited, as evident through my observations of the legal personnel in the District Court and also the Supreme Court. Ultimately, it is through the enduring commitment of the lawyers, to their clients and the court, that their professional identities and resilience are demonstrated, thus allowing students of the law to perceive the requirements of the practicing lawyer.

The Lawyer’s Duty
The lawyer’s duty, as stated by Hon. Marilyn Warren AC, “is to assist the court
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During my observation of the case R v Raed Alasmar3 at the District Court, the plaintiff presented the judge with evidence containing a conflict of information within the witness statement and the victim’s statement, pertaining to the number of head butts. This demonstrated the lawyer’s obligation to present valid facts, even if it may not favour their case. However, through this disparity of evidence, the plaintiff was able to reinforce the notion that there was no conspiring between the witness and the victim, prior to the court proceedings. Through this observation, I noted the flexibility and quick minded reasoning of the prosecutor, as they were able to shape a flaw in the evidence into a factor which increased the reliability of the witness. This demonstrated both the plaintiff’s duty to the court in helping the judges find accountability in the witness, along with their versatility in responding to …show more content…
It is as a result of this that there are cases where the client’s interest may conflict with the lawyer’s duty to the court, as seen in Rees v Bailey Aluminium Products5, where the senior counsel prioritized their client’s interest over the correct proceedings within the court. The hidden agenda of the counsel, during the witness cross examination, demonstrated how the lawyer’s duty to the client can conflict with the duty to the court, as they have acted out of their professional capabilities.

During my observations within both the District and Supreme Court however, the lawyers merely represented their clients at court and presented the valid legislation to support their client’s case. This ultimately depicted the lawyer as an upholder of the law, in conjunction with the client’s interests6. Subsequently, a lawyer’s identity, as a professional, is ultimately a reflection of their ability to correctly administer the law, in order to support their client’s case. It is through my observations in contrasting hierarchies of court that I realized that a lawyer’s identity, as the righteous administrator of law and legislation, permeates throughout the legal

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