“If you want to know the law and nothing else, you must look at it as a bad man, who cares only for the material consequences which such knowledge enables him to predict, not as a good one, who finds his reasons for the conduct, whether inside the law or outside of it, in the vague sanctions of his conscience.” – Oliver Wendell Holmes.
The law practice must often deal with specific challenges such as prostitution, the consumption of illegal substances, fiscal optimization, urbanism, environmental protection, establishing custody for minors, etc.
These types of cases give rise to moral dilemmas that should be resolved by the lawyer based on abstract principles (dignity, honor, ethical standards, integrity), which the deontological code enumerates without actually clarifying whether they have an intrinsic significance concerning the nature or social role of the profession.
Many times, the choice of certain professional conduct may place the lawyer in an area of extreme discomfort that clashes with their value system or their vision as to what would be the correct and moral thing to do.
Even though the subject is almost always avoided, it is most definitely an issue on everyone’s agenda, at least as long as the legal practitioner does not tend to ignore it.
Concepts Of Morality
Going back to the standard moral concept, authors consider that this gets substantiated on the following principles:
- i) The principle of partisanship
- ii) The principle of neutrality or that of client autonomy
iii) The principle of non-accountability.
The principle of partisanship, or, more specifically, of advocating the client’s case, is reflected in lawyers’ obligation of doing everything they consider necessary to protect the client’s interests.
Moreover, to provide adequate representation, the lawyer might breach the purpose of the substantive law and ignore third parties’ interests.
The principle of neutrality imposes upon lawyers the obligation to not judge the client’s objectives and not allow their moral values to interfere with providing the best defense for their clients.
A classic example in this respect is the decision to file a complaint in court or to raise specific arguments, a decision that belongs to the client, not to the lawyer. In these and all cases, moral neutrality is the element that allows lawyers to be the best advocates for their clients.
The principle of non-accountability excludes any moral accountability for the actions committed to performing professional obligations, as long as they fall under the applicable legal limits.
Under this theory, the lawyer is only a (legal) instrument of the client, a technician who assists in obtaining the intended results.
Lack Of Understanding
The legal tech market’s foremost challenge is that even today, many workers comp lawyers in Texas do not have an in-depth understanding of what technologies to use and when to derive better and effective outcomes.
Also, they are living with the fear that the growing relationship between law and technology will result in a higher unemployment rate in the industry.
The emergence of technology in the legal sector has brought a 180-degree transformation in its business model. It has completely changed the way they attract new clients, process, and earn money.
Because of this, various law firms are also facing several organizational challenges like acceptance of technology and software for daily tasks, ease of determining the scope of varied types of legal technology, practice as per the yet not proven business model, and more.
Last but not least, the expenses associated with considering technology in the future of law, such as legal software development costs, also impeding attorneys from getting inclined to this idea.
However, before you look ahead to exploring and embracing the legal technology trends, it is recommended to be familiar with the challenges you might encounter during or after the process.
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In theory, things seem to be relatively straightforward. However, in praTheon is somewhat different in practice since it is difficult to imagine that lawyers could afford to absolutize the moral values they should abide by.
From this perspective, the distinction of roles by Dallas personal injury attorney analyzed as possible grounds for the standard conception is a theoretical premise that is, to a certain extent, overemphasized, as no one can draw a clear line between personal and professional life.