Monday, October 28, 2019
The most persuasive of three models of attorney-client relationship Essay Example for Free
The most persuasive of three models of attorney-client relationship Essay While in the attorney-client relationship, lawyers face three obligations in performance. First, they must assume the duty of fully investigating a client’s case.  Lawyers should seek out all relevant acts. This information is necessary to provide the client with an effective counsel. The second duty is zealous client advocacy. These duties are sometimes at odds with the third duty which is the obligation of lawyers to the court. All active lawyers are officers of the court and therefore, hold certain responsibilities.            It has been argued that only two of the above three obligations can be met at any given time.  Dean Freeman is quoted as saying, â€Å"To convert the defendant’s only champion into yet another member of the state’s legions seems an unnecessary and offensive step.†           The first and second obligations are in place to insure zealous advocacy; and the third is essential for lawyers to participate in the judicial system as it is designed. (Retrieved on 11/17/06 from source: http://www.findarticles.com/p/articles/mi_qa3975/is_200207/ai_n9119407)            The ABA has promulgated three model codes of lawyers since 1908. The Canons of Ethics in 1908 was first. This established many rules and codes that are still in effect today. One thing the Canons did was to ban lawyers from advertising, except in the case of handing out business cards.            The Canons were the ABA’s direct response to President Roosevelt’s 1905 criticism of lawyers as â€Å"hired Cunning†, or, those who, for lucrative fees, undermined the public interest by their representation of corporation and wealthy individuals. These Cannons were adopted and were the legal profession’s authoritative statement of how a lawyer should act. (Retrieved on 11/17/06 from source: www.bryancave.com)             The 1908 Canons included the duty of an attorney to keep a client’s secrets. This element of confidentiality is the duty I hold most important. The Canons of 1908 set the premise of trust in the minds of the general, lawyer seeking public. Attorneys can be more persuasive to their clients in regards to gaining their trust, if the client knows their secrets will be kept and confidentiality is firmly in place.             The American Bar Association Model Code of Professional Responsibility was created in 1969. This was a set of professional standards intended to guarantee the minimum legal ethics and responsibility of lawyers in the U.S. It was ultimately replaced with the Model Rules of Professional Conduct after the Watergate scandal.            While I do feel all three model codes are important, the Canons are most persuasive in my book as they lay a firm base for what is expected from today’s lawyers: Confidentiality, competence, honesty, loyalty and client’s access to progress through exchange of information. (Retrieved on 11/17/06 from source: www.dcbar.org)
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