It is a tough balancing act- but a lawyers first duty is to the court, followed by their duty to their client. 

A Lawyer’s Paramount Duty

In the legal profession, a lawyer’s duties are multifaceted, but their paramount duty is to the court and the administration of justice. This duty takes precedence over any other obligation, including their duty to their client. The rationale behind this principle is to uphold the integrity of the legal system and ensure that justice is served impartially and fairly.

Duty to the Court

A lawyer’s duty to the court encompasses several responsibilities. They must act with utmost honesty, candour, and respect towards the court, refraining from any conduct that could undermine the judicial process. This includes presenting truthful and accurate information, correcting any misstatements promptly, and adhering to court rules and procedures. Lawyers are expected to maintain decorum and professionalism in their interactions with the court, avoiding any behaviour that could be perceived as disrespectful or obstructive.

Duty to the Client

While a lawyer’s duty to the court takes precedence, they also have a significant duty to their client. This duty involves zealously advocating for their client’s interests within the bounds of the law and ethical guidelines. Lawyers must provide competent representation, maintain client confidentiality, and act in their client’s best interests. However, this duty is not absolute, and lawyers must refrain from engaging in any unlawful or unethical conduct, even if requested by their client.

The Balance

The balance between these two duties can be challenging, but it is essential for maintaining the integrity of the legal system and ensuring that justice is served fairly and impartially. By prioritising their duty to the court, lawyers uphold the rule of law and contribute to the proper administration of justice, while still fulfilling their obligations to their clients within ethical and legal boundaries.

Our team at Brooke Winter Solicitors has perfected this balance. Our role is to sit down with you and work out the strategy that will get you the best possible result in accordance with the law. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.