QUESTION 2
THE ETHICAL DILEMMA AND THE QUESTION OF ADVOCATE CLIENT RELATIONSHIP
Introduction
The lawyer as a professional is engaged by persons who need legal advice and representation. To this extent the law has developed to grant them a special privilege when it comes to dealing with clients who share intimate information with them in the process of building a case or a defense. It would be impossible to represent clients, whether in criminal or civil matters were the law to kick away this shield that serves to ensure that the lawyer or the solicitor discharges his duties with little fear of being accused as an accomplice to the commission of a crime by the mere fact that he chooses to remain silent regarding some information client brings …show more content…
There is no law that per se imputes liability no my part. However, it is unconscionable for me to purport that my duty to my client overrides the duty to save the victim of the rape who has been exposed to the possibility of contracting HIV. The relevant dictum is that of Lord Blackburn in The Trial of Queen Caroline where it was stated that the absolute duty of the lawyer to his client is altered sand modified by his overriding duty to the administration of justice.
In the case of Rondel v Worsely, Lord Blackburn iterates the place of the lawyer as an officer of justice. In this case therefore, the administration of justice will require the protection of the victim as an interest which overrides the interests of the client. The following is an extract form his dictum:
“But, as an officer of the Court concerned in the administration of justice, he has an overriding duty to the Court, to the standards of his profession, and to the public, which may and often does lead to a conflict with his client 's wishes or with what the client thinks are his personal
THE ETHICAL DILEMMA AND THE QUESTION OF ADVOCATE CLIENT RELATIONSHIP
Introduction
The lawyer as a professional is engaged by persons who need legal advice and representation. To this extent the law has developed to grant them a special privilege when it comes to dealing with clients who share intimate information with them in the process of building a case or a defense. It would be impossible to represent clients, whether in criminal or civil matters were the law to kick away this shield that serves to ensure that the lawyer or the solicitor discharges his duties with little fear of being accused as an accomplice to the commission of a crime by the mere fact that he chooses to remain silent regarding some information client brings …show more content…
There is no law that per se imputes liability no my part. However, it is unconscionable for me to purport that my duty to my client overrides the duty to save the victim of the rape who has been exposed to the possibility of contracting HIV. The relevant dictum is that of Lord Blackburn in The Trial of Queen Caroline where it was stated that the absolute duty of the lawyer to his client is altered sand modified by his overriding duty to the administration of justice.
In the case of Rondel v Worsely, Lord Blackburn iterates the place of the lawyer as an officer of justice. In this case therefore, the administration of justice will require the protection of the victim as an interest which overrides the interests of the client. The following is an extract form his dictum:
“But, as an officer of the Court concerned in the administration of justice, he has an overriding duty to the Court, to the standards of his profession, and to the public, which may and often does lead to a conflict with his client 's wishes or with what the client thinks are his personal