Guide to ethical obligations of government lawyers – for non-lawyer colleagues
Outline - Lawyers’ Ethics Statement Role of government lawyers Duties of lawyers Common issues in-house lawyers face Page 2 Guide to ethical obligations of government lawyers – for non-lawyer colleagues 2
Lawyers’ Ethics Statement - Serve the interests of justice and the client Act competently and put client’s interests above their own Act for mutual benefit of the profession Avoid conflicts of interest Maintain high standards of integrity, honesty and fairness Page 3 Guide to ethical obligations of government lawyers – for non-lawyer colleagues 3
Role of government lawyers - Primary obligation is to uphold the law as an officer of the court In-house government lawyers do not have range of clients, but provide legal services to their employer agency Their duties are to their client, their government employer, not to persons who manage their client Same ethical rules apply as for all other lawyers Also subject to laws and public sector codes which are unique to government practice. Page 4 Guide to ethical obligations of government lawyers – for non-lawyer colleagues 4
Duties of lawyers - Officer of the court Loyalty to their client (similar as for an employee) Confidentiality (similar as for a non-lawyer employee) Put at the client’s disposal all information within the solicitor’s knowledge Give priority to client’s interests In-house lawyer is unable to talk directly to other side without consent or their legal representative being present Page 5 Guide to ethical obligations of government lawyers – for non-lawyer colleagues 5
Common issues in-house lawyers face - Must attest true copy only from original Can only witness if see person sign Documented information is discoverable Lawyers cannot destroy documents which may be used in litigation Assist clients in making legitimate claims for privilege Role and advice to client must be independent Page 6 Guide to ethical obligations of government lawyers – for non-lawyer colleagues 6
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