The Golden Rule Flashcards
What is the Golden Rule?
- The practitioner must avoid all conduct which if known, could damage his reputation as an honourable lawyer and honourable citizen.
- Absolute obedience to the rule in all instances stands as the ideal
How do you determine if a practitioner has broken the Golden Rule?
- the gravity or frequency of lapses will be considered.
What are the Main parts to the Golden rule?
- Allegiance to the state
- Applicant must be a citizen or permanent resident – citizenship or naturalisation indicates to some extent ‘allegiance to the state’.
Duty to sustain Law: Political disaffection and subversion
- Irrespective of your own personal beliefs, you must follow all your duties and responsibilities.
Duty to sustain Law: Non-political illegalities
- Practitioner has a positive duty to sustain the law in practise and in his personal life
Duty to sustain Law: honesty and fairness
- Practitioner is expected to be honest, candid, truthful and fair in ALL of his dealings- whether professional or personal.
Duty to sustain Law: Neither overreach anyone nor assist others to do so
- When charging a client, the costs must not be excessive, especially when the client does not know what it would ordinarily cost.
- The practitioner must not assist the client to secure from a debtor more than what is legally due to his client
Duty to sustain Law: be courteous at all times.
- practitioner must avoid any and every tendency to discourtesy in all of his relationships.
Duty to sustain Law: Attitude towards authority
- practitioner is expected to respect all authority while remaining independent and upholding the rights of his client.
- he practitioner should not allow himself to be intimidated; he must be willing to fight against
the authority if the authority seems to him to be unfair.
Duty to sustain Law: do your best in the service of your client.
- most important duty of all
- practitioner must deal with matters promptly-
- practitioner must adhere to strict client confidentiality
- the practitioner should not act If there is any conflict of interest between the practitioner and client
(material or moral)
Duty to sustain Law: place your own interests last
- practitioner must not be greedy for wealth or material again.
- Practitioners must accept their share of pro deo work (paid by the state) and legal aid work
Duty to sustain Law: act in a manner that his conduct meets the requirements
- practitioner must not only act in accordance with the rules, but his actions must be perceived as such as well.
- practitioner must not toot his own horn, but he must also not undermine the good that he has done by being excessively modest, insecure or make unflattering statements about the good work he has
done.
Duty to sustain Law: sustain the rights, honour and integrity of the profession
- practitioner must be active in supporting the law societies, in meeting voting etc
Duty to sustain Law: conduct his extra-professional life consistently with the canons of good citizenship
- practitioner must be a fit and proper person.