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Marshall's Document Essay: The Role Of The Law

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The role of the lawyer ranges from a duty to avoid conflicts of interest to providing the utmost loyalty to the client. As Marshall’s statement mainly refers to partisanship, neutrality and non-accountability, this essay will discuss them with reference to the lawyer’s role and role-differentiated morality. The mental health of solicitors and future directions will also be analysed.
The standard conception
The standard conception notes the role of the lawyer is governed by three broad principles: partisanship; neutrality; and non-accountability. Together, they reflect that the lawyer has a distinct morality, which allows certain actions or omissions which ordinary morality or the lawyer’s lay-persona would deem unethical. On a prima facie reading, the lawyer is a mercenary hired by anyone and …show more content…
While technically true, a fundamental purpose of the Act is to maintain public confidence in the provision of legal services. Arguably, acting for a client the solicitor believes to be guilty would be antithetical to this purpose. This highlights that though Marshall may be correct where the lawyer must promote their clients’ interests, this is in a social reality where the public may cast aversions on unethical behaviour, irrespective of what is technically permissible in the lawyer’s role.
The principle of neutrality
Marshall discusses neutrality at length, where a lawyer must not impose their lay-persona morality on their clients. Rather, a lawyer must be neutral to avail a client to all accessible rights. This is reinforced by the ‘cab rank rule’ where theoretically, any person has a right to instruct any lawyer. Rule 4.1.1, which Marshall reiterates, notes that personal attributes and the merits of the matter are not acceptable causes to refuse instructions.
Should there be an exception to the cab rank rule based on

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