Lawyer’s Responsibility
A Lawyer’s Responsibility
Ethics are the most valued possession of a lawyer. When they swear their oath, lawyers are bound to respect strict rules of professional practice under the supervision of the Bar Association, which must guarantee that the dignity, integrity and honour of the profession are respected, as well as secure that there is respect for professional secrets, loyal behaviour and no conflicts of interest between lawyers and their clients.
Every day, more and more lawyers in Spain are taking their jobs far less seriously than they should. They seem to forget that they have to defend the claims of their clients, weigh their criteria and act in the sole interest of their defendants.
Unfortunately, the reality is often as harsh as this:
There can be a total lack of interest in the claim: wrong inquiries, lack of information, unfulfilled deadlines, unnecessary litigation to justify extra charges, agreements between lawyers to the client’s disadvantage, friendly relationships with judges or other officials resulting in failure to defend the client (also known as corruption or double-crossing), etc. In our experience, we have witnessed innumerable frauds and lies.
Lawyers must hold their professional principles in high esteem. Failure to observe ethical rules reduces the public’s confidence in the profession and, inevitably, also reduces respect for the rule of law. The basic motivation underlying this profession may be summarized using these four concepts: dignity, integrity, professional secrecy and independence.
Lawyers, as well as collective lawyers’ offices, may become liable in three different areas: civil liability, which allows clients to claim damages for any harm or grievances caused by the lawyer on the clients’ estate; criminal liability, stemming from a crime committed by a lawyer through professional action, which may also be accompanied by civil liability arising from such crime; and finally professional liability, which may result in disciplinary penalty or punishment imposed by the Bar Association or by the courts.
Article 442.1 of the Spanish Ley Orgánica del Poder Judicial establishes: “Lawyers and barristers, while performing their duties, are subject to civil, criminal and professional liability.” The Spanish Código Penal (Criminal Code) includes extensive articles on this issue and describes the situations that shall be regarded as misconduct.
Note: This website is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. You should not act upon this information without seeking professional counsel.
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