Is it possible for a good person to practice law?
Authored by Urayayi Chikwetu
Introduction
This article was sparked by a brief video clip that quickly gained popularity on social media and showed a young boy being questioned about what he wanted to be when he grows up. In response, the young boy said that he desired to become a lawyer. The young boy's response on why he wanted to be a lawyer seems to indicate that he had been taught, I'm not sure by whom, that a lawyer's role involves lying on behalf of their clients. Regarding the function of lawyers, the young boy's opinions appear to be in line with those of the vast majority of members of the public posting on social media and other forums. The perspectives demonstrate a lot of unresolved issues in public’s thinking. Why do we need attorneys or why is it necessary for society to have people who have received legal training? Obviously, this raises the inevitable question: Are lawyers taught to engage in unethical behavior, such as lying? Once more, this very query raises a different query: Can a good person be a lawyer, or can a lawyer be a decent person or Is it possible for a good person to practice law? The idea that lawyers, like all other professionals, are educated to benefit humanity informs my arguments in this article. As a result, the debate will concentrate on the characteristics of a good lawyer that the general public should consider when hiring one. The article will deal with six qualities in turn below.
1. Seek justice while acting morally
It has been noted that attorneys rarely flatly reject clients, which is a positive thing. Fighting for the interests of every client—large or small, affluent or poor, popular or unpopular—is a noble action on the part of a lawyer. Demanding attorneys to turn down clients based on these criteria could have disastrous ramifications for society. A society will function better if everyone who believes they need the assistance of a lawyer may do so without having to overcome the barriers created by the aforementioned criteria.
Even if the individual has done an offense that is considered outrageous by the entire community, they must be given the chance to speak with a lawyer. After all, the presiding officer, not the lawyer, determines whether or not a person is guilty or not. If the attorney does not provide evidence that conflicts with the client's confession, the client who has admitted guilt can be defended. The idea that a criminal suspect should consult a lawyer is unthinkable to the public. There is need for the public to understand that lawyers are artisans of justice; they must be permitted to design remedies for the legal ills that their clients experience, whether popular or unpopular, rich or poor among other things. The public need to take note of the fact that sometimes innocent people get accused of having committed a crime. Requiring that every person accused of a crime be denied services of a lawyer would be catastrophic for these people. The presumption of innocence must be the guiding principle for the lawyer when approached by every accused person. A lawyer who is alive to the issues raised here will be a good lawyer.
2. Unflinching bravery or courage
Most people think that acts of courage must be self-motivated, require discernment, and be carried out even when doing so entails risking personal harm, loss, or other negative consequences. It is considered to be a quality that falls somewhere the between being hesitant and being reckless. Thinking carefully on the benefits and drawbacks of potential courses of action is another requirement for courage. The type of bravery or courage a good lawyer needs to muster depends on the circumstance he or she finds himself or self in. There are at least three different types. Three types of courage exist: psychological, moral, and physical. Moral courage is very important for lawyers and will say few words about it. A good lawyer is aware that moral courage is something he or she must possess every day. More so, a good attorney is aware that it requires moral bravery to stand up for an unpopular client. Again, a good attorney is also aware that, when prosecuting a case, it requires moral courage to hand up exculpatory evidence to the defense attorney, even though doing so will be detrimental to the prosecution's case.In the views of a competent lawyer, moral courage requires speaking out against unfair practices like corruption and carrying out one's obligations even when doing so results in severe personal problems. This kind of courage also entails the need for the lawyer to remain calm under pressure or to exercise grace. A lawyer who shows the courage described here will be a good lawyer.
3. Committed to the client’s interest
The requirement to prioritize the needs of the customer is said to be at the core of any code of professional ethics. A great lawyer is not defined by the magnitude of the verdict they obtain, the number of defendants they convict, or their standing among their peers. How effectively a lawyer represents the client's genuine interests determines how valuable that attorney is. In order to avoid appearing like a hired gun, a competent lawyer should see a client visit as a perfect opportunity to impart moral wisdom. Because client autonomy cannot be ignored and requires some respect, there is need to be some kind of balancing act here. Although the client's liberty is of the utmost importance, society would benefit enormously if the client leaves the lawyer's office a better person. Lawyer mistakes are prone to occur when they follow a client's interests blindly without considering the fairness of the legal system. By pursuing the actual interests of the client, a competent attorney uses his abilities to improve society. Thus, a good lawyer cannot help or advise their clients in such a way that their dishonesty is promoted. Where something dishonest is required from the lawyer himself, he should refuse to co-operate and should even consider withdrawing from the case.
4. Empathy
One of Harper Lee's quotes is, "You never really comprehend a person until you evaluate things from his or her point of view... unless you jump into his or her skin and stroll about in it.” The quotation makes an effort to clarify what empathy is all about. Empathy helps a lawyer comprehend a client's interests, present the client's narrative more effectively, and win the client's appreciation for treating them with respect. However, a lawyer needs to exercise caution when it comes to the concept of empathy in general. Empathy is not a panacea for all of our moral problems, and a lawyer needs to be aware of this. Empathy has its own restrictions or drawbacks. It won't lead to an act of moral courage.
5. Possesses adequate will power
Anyone who has experience working as a lawyer will concur that it is a stressful job that requires a lot of careful thought. Only those who possess the necessary willpower may live in the atmosphere. A competent attorney would be ideal. He or she is aware that willpower works similarly to a muscle in that it can become weary from repeated use but can also be strengthened with the correct kind of exercise. One who can persevere through a challenging and important assignment is a competent lawyer. He or she has the perseverance and bravery to get up and complete the task at hand. A skilled lawyer also has the self-control to stay focused and avoid distractions like the anxiety trap, boredom trap, impatience trap, and addiction trap. A lawyer clothed with this quality will be of great service to the clients and the justice system and he or she qualifies to labelled “good lawyer”.
6. Collegiality
Common law attorneys practice law in an adversarial environment where tensions are high and politics is never far from the surface. A good lawyer will typically deal with his or her colleagues with decorum in such an environment. He or she is expected to treat professional colleagues with utmost courtesy and fairness. Additionally, a good lawyer avoids having inflated perceptions of himself or herself and considers the suggestions, viewpoints, and emotions of others. He or she is expected to be clothed in with some humility. A good lawyer is intelligent enough to understand that humility functions as a social lubricant to smooth out social interactions and that it decreases friction and fosters cooperation. A legal environment where arguments are exchanged in a friendly manner would benefit the justice system and the parties. A lawyer who values collegiality is a good lawyer.
7.Conclusion
The qualities discussed above can be a standard that the members of the public can use when hiring a lawyer. Humanity will benefit from a lawyer that pursues justice while acting morally; possess unflinching bravery or courage; dedicated to client's interests; have empathy; have sufficient willpower; and that values collegiality. Those who lack these qualities ought not be hired and belong in the group described by the young boy referred in the introduction.