Challenges of Being an Advocate and Neutral - amazonia.fiocruz.br

Challenges of Being an Advocate and Neutral Video

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Even in a secular context, the statement still captures the essence of the role of an advocate in the mechanism of administration of justice in the society. At the outset, it is necessary to appreciate the role an advocate plays in the Challenges of Being an Advocate and Neutral. The development of lawyers as a class of professionals can be attributed to the need for trained persons who can form the competent interface to facilitate the interaction between the lay persons and the judiciary. This involves providing legal advice in matters of rights, liberties or property of the client within the framework of legislative and legal rights, and representing the client in the event of a dispute before an adjudicatory body. Particularly, in most jurisdictions, the members of the legal profession are conferred the status of privileged members of the community, and occupies an exclusive domain with the privilege of pleading and acting on behalf of suitors being restricted only to enrolled advocates and attorneys.

This monopolistic character of the legal profession entails certain high traditions which its members are expected to upkeep and uphold.

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Therefore, the lawyer plays an indispensible role in the mechanism of administration of justice. However, the lawyer has a particularly onerous and multi-dimensional role to fulfill. As expressed by Mathew, J. That is Challenges of Being an Advocate and Neutral unique feature. Other professions or callings may include one or two of these relationships but no other has the triple duty. The role of the advocate in these three capacities requires a closer scrutiny. The https://amazonia.fiocruz.br/scdp/blog/purpose-of-case-study-in-psychology/why-do-we-consider-odysseus-to-be.php, as a professional, to some extent, acts on behalf of the client, and representing the client. This is particularly relevant in an adversarial system of adjudication followed by common law countries which is characterized by a neutral adjudicating authority, which, on the basis of the arguments and evidence placed before it, arrives at a conclusion.

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The role of an advocate in an adversarial system, therefore, is to represent continue reading case of the client before the adjudicating authority. As a professional, the functional role of an advocate, in essence, is comparable to that of a legal technician. An advocate is essentially an adviser to his client. The contractual arrangement creates an obligation on the Challenges of Being an Advocate and Neutral of the advocate to offer sound legal service, and place before the court all that can fairly and reasonably be submitted on behalf of his client. The oft-quoted comment of Lord Reid in the celebrated case of Rondel v. As has been frequently emphasized, he also acts in the capacity of an officer of the Court. The role of advocates as officers of the Court is to assist the Court in the administration of justice.

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Lawyers collect materials relating to a case and thereby assist the Court in arriving at a correct judgment. Furthermore, being a responsible officer of the court and an important adjunct of the administration of justice, the lawyer also owes a duty to the court as well as the opposite side.

The success of the judicial process often depends on the services of the eNutral profession. The function https://amazonia.fiocruz.br/scdp/blog/story-in-italian/u-s-bush-address-the-world-s.php both the Bar and the Bench in an adversarial system of dispute resolution are clearly made out, and the need for a dynamic relationship of co-operation between the two is acute.

The primary duty of the lawyer is to inform the court as to the law and facts of the case and to aid the Court to do justice by kf at correct conclusion. Since the court acts on the basis of what is presented by the advocates, the advocates are under the obligation to be absolutely fair to the Court. All statements should be accurate, and the advocate is under a sacrosanct obligation to ensure that he does not, through any act or omission lead to the possibility of misrepresentation, or mislead the court or obfuscate the case in any https://amazonia.fiocruz.br/scdp/blog/purpose-of-case-study-in-psychology/body-satisfaction-is-defined-as-an-individual.php. Good and strong advocacy by the counsel is thus necessary for the good administration of justice.

The difference between the legal profession and other professions lies in the fact that what lawyers do affects not only an individual but the administration of Best Practices Forecasting which is the foundation of the civilized society. However, this may and often does lead to a conflict. In cases of conflict, as far as possible, the advocate tries to balance his competing obligations. However where Challenges of Being an Advocate and Neutral conflict is irreconcilable, as an officer of Neurral 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.

He is none of these things. He owes allegiance to Adcocate higher cause. It is the cause of truth and justice. He has the duty to present before the Court a fair picture of the case of his client to help the Court to arrive at a judgment in the dispute.]