The basis for legal empowerment rests on four strong pillars: access to justice and the rule of law, labour rights, property rights and business rights. Legal ethics is the fifth and most important pillar of legal empowerment, and young lawyers play a crucial role in shaping the future of the legal sphere by adhering to the Code of Ethics and incorporating timely changes. Of particular concern in this area is the formulation of allegations without providing an adequate factual or legal basis on which to base them. In White Industries v. Flower and Hart [1998] 806 FCA, the respondent firm was advised by Queen`s Counsel who confirmed that the defendant`s legal position was weak, but that there was a way to temporarily improve the defendant`s bargaining position, namely to prosecute under the Business Practices Act for fraudulent behaviour and fraud. In a scathing critique of the law firm (Flower and Hart), the Full Federal Court found that they had breached their duty to the court by initiating proceedings without proper merit and making an allegation of fraud that was unfounded. The court also criticized the way the registry had conducted the proceedings and the obstruction and delay behaviour that exacerbated the abuse of the procedure. There was little comment on the Queen`s Counsel`s advice, but the court noted that a lawyer was required to make an independent assessment of whether a proceeding should be initiated, not just to follow a lawyer`s advice on the matter. A lawyer is sometimes faced with the question of representing two or more clients whose interests are in conflict with each other. Regardless of their ethical obligations, global legal systems generally prohibit a lawyer from representing a client whose interests conflict with those of another, unless both agree. In Anglo-American legal systems, prohibition has three aspects.

First, a lawyer is not allowed to represent two or more clients at the same time if, in order to promote the interests of one, he must refrain from representing the conflicting interests of another. In short, it cannot be both for and against a customer. Second, he cannot later accept a job from another to reverse what he had been retained to do before. Third, he cannot accept further employment of others in the case of the use, appearance of use or possible use of confidential information received from his former client. Such actions are prohibited by law and legal ethics. This is where legal ethics come into play. A commitment to legal ethics involves the obligation to introduce codes of ethics or standards of professional practice. The standards reflected in the General Principles of Professional Conduct of the International Bar Association are an example of this.

However, not all jurisdictions have professional codes and do not pay sufficient attention to their application. In all cases, the lawyer acting in accordance with a professional code can still engage in unethical practices. So why is ethics important to the practice of law? The lawyer may be confronted with certain unforeseen circumstances in the performance of his duties. In these tense moments, a lawyer must enter his consciousness and find the touchstone to guide his decisions. To do so, however, it must understand not only its relationship to the law, but also its other elements. This includes the court, the client, the adversary and colleagues. The ability to cope with the pressures of the profession is crucial for the legal professional. Courage means facing challenges and staying true to yourself.

This allows you to do the right thing, not just what`s convenient. The lawyer must be confident and fearless when pleading his client`s case. Legal practitioners have emerged when legal systems have become too complex for all parties involved to fully understand and apply the law. Some people with the required skills were proficient in the law and offered their skills when hired. There were no prescribed qualifications and these specialists were not subject to statutory control. The incompetent, unscrupulous and dishonest demanded exorbitant fees, did not pay as promised, and used delaying tactics and obstruction in the courts before which they appeared. Measures to prevent such abuses have been taken by law, judicial measures and other governmental measures. The right to practise as a lawyer is limited to persons who possess the required qualifications. Exclusion from practice and criminal sanctions have been introduced for various types of misconduct.

Conflicts of interest have given rise to a number of legal and disciplinary measures. This is an area that is often identified by lawyers as a problem in legal practice. Conflicts of interest are not so easy to resolve because some interests require the lawyer not to act for the person, while other conflicts may allow the lawyer to act for both parties. Second, if lawyers are not willing to accept the importance of regulation in the public interest, the experience in other places is that it is imposed – either by the courts or by government. The experience of Fiji and the difficulties faced by various Australian bar associations are proof of this. Finally, there is growing concern about the subordination of service and professionalism to profit, personal goals and ambitions. We must remember the honourable nature of the profession, otherwise there is no point in talking about ethics. Comprehensive codes of ethics do not guarantee ethical practice; Rather, it lies in the fundamental nature of the “vocation to the profession of lawyer”. Fifty years ago, in In Re, John Cameron Foster (1950) 50 SR NSW 149 Street CJ observed: Presence of mind is important in countering the arguments of opposition defence counsel and in answering questions from the House. Sometimes a well-placed humorous joke or smart statement can help ease tension in the courtroom. It is said that the most valuable asset of a profession is its collective reputation and the confidence it inspires.

The legal profession, in particular, must have the trust of the community, and young professionals are the future roots of success. If a lawyer commits professional misconduct or fails to represent his client as prescribed, the client may seek advice from a lawyer for legal errors. Of course, the interests of the client and the company do not always coincide, and the principles of legal ethics do not always indicate the lawyer`s obligations in such situations. Should a lawyer cross-examine an opposing witness in a way that undermines or destroys his or her testimony if he or she believes that the witness is actually telling the truth? Can he rely on rules of evidence to exclude points that would speak against his case, but that he believes to be true or probable? Can he take advantage of the mistakes of an inexperienced opponent? Should he request a jury trial in order to delay such a trial if such a trial would not benefit his client? These questions can be answered differently in legal systems that operate under different premises. A system in which a lawyer presents a client`s case in the most legally permissible light and in which the court must decide on the merits may well lead to different responses from those of a system that gives greater priority to the lawyer`s obligation to the State to ensure the proper administration of justice. No lawyer may meet with a judge in camera and discuss matters relating to proceedings under his or her direction or that of another judge. A lawyer prohibits influencing a court`s decision through unethical and illegal means such as coercion, bribery, etc. When dealing with a client, the lawyer may not (i) allow the interests of the practitioner or an employee of the counsellor to conflict with those of the client; (ii) exert undue influence to dispose of the client in such a way as to provide the client with a benefit beyond the practitioner`s fair remuneration for the legal services provided to the client.

A lawyer competently represents a client. Competent representation requires the legal knowledge, skill, rigour and preparation reasonably required to be represented. A lawyer should refrain from acting as guarantor for his client or from certifying the validity of a guarantee that his client confirms for the purposes of legal proceedings. In Vanuatu, the Legal Practitioners Act (Cap119) provides for the discipline of lawyers in the event of misconduct (section 9(2)). The rules made under the Act provide for an allegation or complaint of professional misconduct or unprofessional conduct.