Litigation is a earmarked legal
activity. It is a extremely visible and very important factor of legal
practice, as it affects people’s lives, livelihoods and privileges. The honesty
of our justice system is a motive for its status as an international medium of
choice.
Litigation solicitors in London are
termed as the officers of the court and their superseding duty is to the rule
of law and the administration of justice. Nowhere is that more apparent than
when conducting litigation.
Improper or abusive litigation
was put as an issue in the Risk Outlook 2018/2019, within the Priority Risk of
the lack of integrity and ethics.
By describing the ways in which
the danger of indecorous or abusive litigation is bound to occur, it is
necessary to discuss how people and firms must balance the interests of their
client with their duties to the court, third parties and the extended public
interest.
Litigation solicitors in London owe
duties to various parties. In some scenarios, acting to advance a client's
interest has compelled solicitors to disrespect their wider duties. Clear-cut
cases of this type are comparatively uncommon, but there are cases of
solicitors taking undue advantage of an opponent, misdirecting the court or
taking actions that lead to wholly disproportionate costs. When this takes
place, public confidence in the legal system, which underpins the rule of law,
is put at risk. And individuals, many of whom might be vulnerable, could be
harmed.
Although solicitors must advance
their clients' cases in relation with the client’s instructions and interests,
they are not ‘hired guns’ whose only job is to their client. They also owe
duties to the courts, third parties and to the public interest. Breach of those
duties can give results, for example, to wasted costs orders or to discoveries
of misconduct.
The SRA Principles 2011 set out
the key ethical requirements on firms that regulate and the people working in
those firms. Where this paper refers to designated values, codes or rules, it
refers to those in force at the time of publication. Though we will be
introducing new principles, codes and rules from 2019 onwards, these will not
change the basic ethical duties pointed here.
The principles include the
duties:
to act in the best interests of
each client
not to allow independence to be
compromised
to uphold the rule of law and the
proper administration of justice.
The notes to the principles
explain that it is the public interest - particularly the public interest in
the proper administration of justice - that should triumph where these duties
battle. However, it is not always direct to navigate this. Litigation
solicitors in London must employ their professional judgment and experience to
recognize any dispute and discover the right course of action for the
particular situation.
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