Redmont Bar Association
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Redmont Bar Association
Ethical Doctrine
Authored by the Ethics Committee
Authoring Members - Drew_Hall, Mask3D_W0LF, Unseatedduke1
Est. April 2024
Lasted Updated - April 2024
- INTRODUCTION
- This Ethical Doctrine encompasses the moral principles and professional standards that guide the conduct of lawyers in Redmont. This ethical doctrine serves as a guideline for maintaining integrity, honesty, and fairness in the practice of law in Redmont. Ethics dictate the proper conduct and responsibilities of lawyers towards their clients, the courts, and society at large. Upholding ethics is crucial for preserving public trust and confidence in the legal system and upholding the rule of law. Ultimately, adherence to legal ethics is essential for promoting justice, fairness, and the common good within Redmont.
1.1. Legal Ethical Authority
The Ethics Committee, authorized and established by the Redmont Bar Association and appropriate law, has been granted authority to establish an ethical doctrine/ guideline to which all lawyers are to follow. Should they not follow this doctrine/ guideline, the Redmont Bar Association is legally obligated to pursue legal action to seek remedies and/ or disciplinary action.
- IMPORTANCE OF ETHICS FOR LAWYERS
Ethics are the binding doctrine which all practicing and retired legal professionals should be accountable to. This ethical doctrine serves to uphold not only the constitution, but the institution entrusted to uphold it also. Ethics serve the purpose of establishing and maintaining professionalism and competence throughout the legal profession, as well as ensuring that all citizens are entitled to equal justice by competent representation.
2.2. Reputation of the Legal Profession
Having binding ethical guidelines will ensure a standard of professional, competency, morals, and overall ethics across the board for all lawyers, prosecutors, and judicial officers and will ultimately maintain a reputable legal standard.
2.3. Ethical Violation Accountability
When a violation has occurred amongst a legal professional, the Ethics Committee shall launch an investigation. This investigation will be thorough, including interviews and potential collaborations with executive departments. Should the Ethics Committee conclude a violation has indeed happened, appropriate actions under law will begin taking place.
- ETHICAL STANDARDS
- Ethical standards in the legal field define the principles guiding the conduct of lawyers, ensuring integrity and fairness in their practices. Upholding these standards is crucial for maintaining public trust and confidence in the legal system, ultimately promoting justice and the rule of law.
3.1 — Attorney-Client Privilege
- Attorney-client privilege safeguards the confidentiality of communications between a legal counsel and their client, ensuring that such communications remain undisclosed to third parties, including courts and the Judicial system, thereby fostering an open environment between counsel and their client.
- Attorney-Client Privilege applies to all communications made in confidence between an attorney and their client for the purpose of seeking or providing legal advice or representation.
- All communications between attorney and client, whether written or oral, are presumed confidential and protected by attorney-client privilege. This privilege extends to third-party agents or employees working at the direction of the attorney.
- Attorney-client privilege may be waived if both parties agree to disclose the information, or if disclosure is required by law.
- Lawyers will take appropriate measures to safeguard privileged communications from unauthorized access, and, at times, implement secure communication channels and/or archival systems.
- Violations of attorney-client privilege may result in disciplinary action by the Ethics Committee, the Redmont Bar Association, civil liability, and/or other legal/criminal consequences.
- Instances where lawyers fail in their professional duties, such as neglecting client matters or breaching ethical standards. Maintaining accountability, upholding integrity, and ensuring diligent representation for clients within the legal profession is crucial.
- Any individual or entity may report allegations of attorney misconduct or failure to perform duties to the relevant authority, such as the Redmont Bar Association or through an Ethics Committee Anonymous Report, or other means.
- Upon receiving a complaint/allegation, the Ethics Committee, upon authorization by the Ethics Committee Chair, will conduct a thorough investigation to gather evidence and assess the validity of the claims.
- If the allegation(s), after a thorough investigation, are deemed credible, the attorney in question will be notified of the complaint and be provided an opportunity to respond and present evidence in their defense. The questioned attorney shall have 7 days to respond from the time of the appropriate body’s correspondence to them before the appropriate body may move forward.
- The matter will be reviewed by the Redmont Bar Association Council, composed of legal professionals and/or members of the bar association, who will assess the evidence and determine whether disciplinary action is warranted.
- If the attorney is found to have failed to perform their duties or violated professional standards, disciplinary action may be imposed. This may include lawsuits, license suspension, or other remedial measures. Should the Redmont Bar Association sue an individual within a court of law, the Chair of the Ethics Committee shall serve as co-counsel for the association, so long as it's relevant to their duties.
- The questioned attorney has the right to appeal the decision of the disciplinary committee through established appellate procedures, which may involve a review by a higher authority or judicial body.
- In cases/instances where the failure to perform duties has resulted in harm to a client, the affected client will be notified of the outcome of the disciplinary proceedings and any remedial actions taken by the Ethics Chair.
3.3.1 - Identifying
- Egregious/unbecoming conduct within court proceedings may include, but is not limited to: disrespectful behavior towards the court, opposing counsel or parties; failure to comply with court orders or rules of procedure; making frivolous or misleading arguments; or engaging in conduct that undermines the administration of justice.
- Upon observing or receiving reports of egregious conduct, the presiding judge has the authority to intervene immediately to address the behavior and maintain decorum within the courtroom. This intervention will serve as Judicial Record in investigative proceedings.
- The Committee shall document instances of egregious conduct, including specific details of the behavior and any actions taken by the presiding judge to address the conduct. These documentations will be turned into the ethics committee via a ticket system. Should a Judicial Officer file a complaint, the Judicial Officer’s account of events and the court record will be noted separately.
- The lawyer engaging in egregious conduct shall be promptly notified of the allegations against them and provided an opportunity of 72 hours to respond. This includes preliminary investigations and does not align with subsection 3.2.3 - Notifying.
- If the lawyer is found to have engaged in egregious conduct, sanctions may be imposed, including but not limited to: fines, reprimands, and suspension of court privileges.
- Decisions regarding sanctions imposed for egregious conduct shall be made public to uphold transparency and accountability within the legal profession and the judicial system. However, matters of investigations, preliminary or not, are NOT to be made public. Closed matters, or already-public matters may be shared.
3.4 — Perjury
3.4.1 - Identifying
- Perjury occurs when an individual knowingly makes false statements under oath or affirmation(s) during legal proceedings, including testimony in court.
- Any party or individual with knowledge or suspicion of perjury shall report such allegations to the Ethics Committee.
- Upon receiving a report of perjury, the appropriate authority shall conduct a thorough investigation to gather evidence, including witness statements, documentation, and corroborating evidence.
- The evidence gathered during the investigation shall be reviewed by legal experts within both the Ethics Committee and Redmont Bar Association Council to assess the credibility of the allegations and determine whether perjury has occurred.
- If there is sufficient evidence to support the allegations of perjury, the Ethics Committee will hand over all applicable evidence to the Department of Legal Affairs, and request criminal proceedings against the individual accused of committing perjury.
- ENSURING ETHICS
- The Ethics Committee and its members shall stay informed of legal proceedings and the conduct of lawyers within those proceedings and act accordingly.
4.2 - Reports
- The Ethics Committee and its members shall thoroughly review any reports given and launch thorough investigations into them. Should one or multiple members of the Committee be subject to a report, the Ethics Committee will request a member, or multiple, of Council to stand-in for that report only. In extreme circumstances, esteemed and trusted board members may be called upon to step in.
4.3 - Action
- Should it be warranted, the Ethics Committee will recommend a lawsuit to prevent further harm by an attorney to the public to the Redmont Bar Association Council for a vote. Should such a vote be successful, the Chair of Ethics will co-counsel the lawsuit, and the Ethics Committee will prepare the lawsuit.
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