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A prudent lawyer in Sydney ultimately works to advise and represent their clients in a court of law, protecting their best interests in routine and complex legal contexts. From writing a will to assisting with compensation claims, a lawyer strives to help clients understand and navigate their situation by outlining their rights, obligations and best course of action. In this way, lawyers work in the best interest of their client.
However, lawyers are bound by specific statutory and professional duties that influence their work. These fundamental guidelines reflect fair, honest and integral standards, meaning a lawyer must act with independent judgement to direct clients ethically and within the confines of the law. Sometimes, for a lawyer to maintain their integrity, they must advise against what a client wants to hear.
When looking for a professional lawyer in Sydney CBD to represent you, you must understand their duties to both you and the Court and ways to mobilise the best fiduciary relationship to push towards a desirable outcome.
A lawyer's duty to the client
As aforementioned, lawyers will, to the best of their abilities, protect their client's interests concerning the Court and law. In most cases, a lawyer will not represent clients in contexts beyond their scope and expertise, as inexperience may lead to unethical and negligent practice that goes against their duties to the Court and client.
As outlined by the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015, a lawyer must:
- Act in the best interests of a client in any matter
- Be honest and courteous in all dealings in the course of legal practice
- Deliver legal services competently, diligently and as promptly as reasonably possible
- Avoid any compromise to their integrity and professional independence
- Circumvent any conflicts of interest between themselves and the client
- By no means influence the client in any way that will benefit the lawyer (beyond their service fee)
- Assist the client in understanding the issues and fully inform them of their rights, obligations and possible courses of conduct, including alternatives to litigation
- Keep a client’s information confidential
At the core of their work, an enduring and clear channel of communication is paramount. It allows clients to remain informed, educated and aware of proceedings and case movements while also highlighting associated costs.
A lawyer's duty to the Court
In maintaining their duty to a client, they simultaneously owe the Courts their promise of best legal practice. This includes competent, honest and considerate conduct. As touched on before, a lawyer must act in accordance with their client's wishes only if their instructions remain within the ethical and truthful guidelines of the Court. Put simply, if a conflict arises between a lawyer's duty to the Court and their client, the Court must be prioritised. That is, they cannot:
- Knowingly mislead the Court
- Falsify documents or provide fake documentation
- Act on frivolous or vexatious claims that cannot be supported by the evidence a client currently possesses
Within the Court, a lawyer must also respect their duty to their opponents. This includes general respectful etiquette and avoidance of known false claims. In most proceedings, a lawyer should only communicate with the opponent's lawyer instead of the opponent.
Mobilising a strong client/lawyer relationship
A binding legal contract is formed as soon as you enter into a written client agreement with a lawyer, and a fiduciary relationship will begin. From this point forward, a lawyer owes their services to you and is ready to receive your instructions and hopes of the outcome. These wishes are best noted in writing and prepared for consideration throughout the case.
Strong, clear and truthful communication is the most critical aspect of a solid lawyer-client relationship. Only after a complete and honest disclosure of all case details can a lawyer represent a client holistically. Be prepared and upfront with all case-related documents and information in the lead-up to the Courts.
In these preliminary stages, it is advised that you ask for estimations of costs, possible outcomes and timings. These cannot be held against the lawyer if things do not go as outlined or hoped, but provide a valuable backbone to procedures.
While a lawyer will employ their specialised knowledge and experience throughout the proceedings, you should still watch for mistakes and advise your lawyer accordingly. After all, it is your case. Make the most of communication opportunities to realign or reestablish the issues you want to be resolved.
Appoint a lawyer looking out for you and your future
A cautious, knowledgeable lawyer working in your best interest is vital for case success. They are essential to getting all matters back on track and constructing a scaffold for a positive future.
Within Sydney and its CBD, look no further than the Prominent Lawyers law firm to set you up for success. From issues both routine and complex, our qualified team is ready to mobilise their time-honoured expertise to see you emerge victoriously.
Get in touch today with Prominent Lawyers.
