Daily Times

A concerned Lahori wrote in a letter to Dawn (Dec. 25, 2019) that all over the world, lawyers are held in high esteem. To become a lawyer in other countries is not easy; only students with high distinction are admitted into law schools. In Pakistan, only students at the bottom are admitted to law schools. Therefore, no one should be surprised by the rowdy behavior of these low-quality professionals (lawyers) in society.

This letter was in response to the lawyers’ attack on a medical facility in Lahore. The lawyers decided to take the law into their own hands and attack doctors, nurses, and elderly patients because thelawyers did not like the medical staff’s comments about them. I have always believed that Pakistanis could not accept any criticism. These lawyers’ behavior proves that I was right. Because of the lofty attitudes of many Pakistanis, Pakistan has passed laws making any criticism of the judges, the army, politicians, and bureaucrats illegal, and people are in jail due to their criticism of these groups. These corrupt groups are destroying the country, and no one can say anything about it; it’s a sad situation.

Just like the letter indicates, I never expect moral and ethical behavior from lawyers either, which is why I am writing this Op-Ed.

In most countries, including the USA, most professions are subject to codes of conduct. A professional society often develops a code of ethics within a particular profession. The higher the degree of professionalism required of society members, the stronger and, therefore, more enforceable the code. For instance, in medicine, the behavior required is more specific, and the consequences more stringent than in the code of ethics for nurses. Decisions in ethical situations will be easy if the code is specific, gives detailed directions on the actions to take, and spells out explicit penalties for unethical behavior. Because of the concern for a higher standard of professionalism, all licensed professions in the USA (e.g., medicine, law, psychology, certified public accountants, dentistry, social work, education, engineering, journalism, real estate, advertising, architecture, banking, insurance, and human resources management) have codes of responsibility. However, because some of these professions are not licensed, anyone can claim their title and perform their function- thus making it difficult to find legal recourseagainst claims of unethical conduct.

Lawyers everywhere have a significant impact on the lives of people and the stability of society; they must follow higher moral and ethical standards than any other profession.Due to the critical role lawyers play in the lives of the people, the American Bar Association has developed many strict rules, which control the moral and ethical behavior of lawyers.

Disciplinary proceedings against lawyers shall take place before an impartial disciplinary committee established by the legal profession, before an independent statutory authority, or before a court, and shall be subject to an independent judicial review

Further, in most countries, including the USA, lawyers are allowed to practice only if they pass the national entrance exam for admission with a high score, finish the required years of education, and pass the bar exam. Also, a lawyer must take an oath to be ethical in practicing law and maintain a respectable behavior for the sake of the profession. In many countries, lawyers are considered officers of the court, which require them to maintain laws but also report any violations of the law. Any lawyer violating professional ethics is subject to disciplinary action, including disbarment for life. The threat of action typically makes lawyers stay within professional standards and ethics.

To make lawyers behave professionally and within the law, as well as abide by their oath and serve their clients professionally and ethically, the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held from 27 August to 7 September 1990, adopted specific rules. They are as follows:

The professional associations of lawyers have a vital role to play in upholding professional standards and ethics; protecting their members from persecution, improper restrictions, and infringements; providing legal services to all who need them; and cooperating with governmental and other institutions in furthering the means of justice and public interest.

Governments, professional associations of lawyers, and educational institutions shall ensure that lawyers have appropriate education and training and are made aware of the ideals and ethical duties of the lawyer and human rights and fundamental freedoms recognized by national and international law. Lawyers shall, at all times, maintain the honor and dignity of their profession as essential agents of the administration of justice.

In exercising these rights, lawyers shall always conduct themselves following the law and the recognized standards and ethics of the legal profession. The legal profession shall establish codes of professional conduct for lawyers through its appropriate organs, or by legislation, national law and custom and recognized international standards and norms. Disciplinary proceedings against lawyers shall take place before an impartial disciplinary committee established by the legal profession, before an independent statutory authority, or before a court, and shall be subject to an independent judicial review. All disciplinary proceedings shall be consistent with the code of professional conduct and other recognized standards and ethics of the legal profession and the light of these principles.

A lawyer, as a member of the legal profession, is a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice.

The rule of conduct also applies to lawyers who are not active in the practice of law or practicing lawyers even when they are acting in a nonprofessional capacity. For example, a lawyer who commits fraud in the conduct of a business is subject to discipline for engaging in behavior involving dishonesty, fraud, deceit, or misrepresentation.

The writer is PhD (USA), Professor Emeritus (USA)