Provision of legal services in an unauthorized manner
Individuals or people who claimed that they have the licence to practice law not licensed to does not come under the ambient of the Legal fraternity regarding any of the regulation control or any kind of discipline which exist to protect the society at large. Though such an unauthorized person or an unlicensed person might have the ability of the skill to be hired by the client, then the relationship between such an unlicensed individual and the client will not be protected under any such kind of a safeguard which includes regarding the protection of any kind of confidential information; reviewing, accessing for any kind of dispute relating to the legal service bill; rules and regulations regarding the protection of the clients funds and properties which also includes the trust accounts; insurance coverage in relation to professional liability; releasing of such compensation of funds for those clients who have suffered loss due to dishonest paralegals for lawyers.
Laws of the utmost responsibility of the obligation to kind of an unauthorized practice of law or rendering any such kind of an unauthorized legal service in order to protect the society at large. If a lawyer suspects that an unlicensed individual is practicing law and providing any such kind of a legal service to the client for the prospective client then he should intimate the Legal Fraternity of the law Society which has been formed to protect the interest of the licensed lawyers.
Working with or hiring any unauthorized individuals
The protection mentioned above is available only for the lawyers who are licensed and not for those who are unauthorized. But it should also be considered in case any of the licence lawyers who employs or hires or tries to work with an unauthorized or an unlicensed individual, assist in illegal activities which leads to professional misconduct against the society at large. Such a licence lawyer is not permitted to or retain any kind of legal service, office space or partner with, employ in any capacity who has no authority execute any legal services approval or written consent by the legal fraternity or related authorized representative. Search rule is also applied on those individuals who had the licence to practice but eventually got suspended or revoked by such legal fraternity or authorized representative.
The rules and regulations formed by the society of the legal fraternity is in a broad aspect and prevents any such kind of lawyers for licensed individual to practice law to misbehave, misconduct or ham per any rules and regulations formed for such legal personal which is meant to protect their interest as well as the society at large. Taking services from Lawyers in Chandigarh is the good option, because Chandigarh is the best place to hire lawyers for any cases. The legal fraternity is meant to protect the society from those individuals who claim to be the legal professionals and are no longer licencee to practice.
But if an Express approval is given and also there is a danger regarding such an employee who provides any kind of a legal service who reaches this rule it is the duty of such licencee lawyer to supervise and avoid any such kind of illegal and unauthorized practices.
Restricted or suspended licence for not practicing
A lawyer who has practiced licence has been restricted or suspended due to any of the reasons mentioned above by the following legal fraternity or unauthorized legal representatives, then such lawyer is no longer entitled to offer such legal work.
It is the utmost duty to take care why such unauthorized or suspended lawyers do not to practice law, try to represent and whole themselves as a licensed lawyer and provide any kind of legal service there upon and hold or represent themselves as those individuals who are licensed to practice law.
Such a suspended or an unauthorized lawyer, has certain obligation towards client be it prospective Client or an existing client for such suspension of licence practice and engaging another lawyer to execute the client’s duties. There are certain additional obligations as well when the lawyer is holding any property or client funds in a trust.
Disciplinary Authority
It is the duty of the legal fraternity of the law Society who is authorized discipline and regulates every lawyer who is licensed to practice whether such lawyer is acting in a professional capacity or in whatever manner the jurisdiction of the lawyer’s activities takes place. Such a disciplinary action by the legal society can only be in the form when a professional misconduct or conduct of the becoming a solicitor or barrister takes place. Lawyers can also take in the course of conduct or practice of unbecoming and also includes those actions which the lawyers take place in their personal lives.
Professional misconduct basically means that any kind of conduct on the part of the lawyer who professionally discredits any kind of legal profession and includes attempting for violating any kind of rules and regulations or bylaws;
Accepting any other legal practitioner with the knowing intention that such kind of practice would violate any of the rules or regulations or by laws.
A legal practitioner where he knows that if he is assisting or partnering with any non lawyer or a lawyer who is not licensed to practice ham to violate any of the rules or regulations or any by laws.
Dealing with dishonest intention, misappropriating with clients or any of the third parties fund or property.
Implying or stitching with an ability or with an intention to improperly influence any of the government agencies.Assisting with the judge or judicial officer with knowing intention that it is violation of the rules and regulations or any of the bye laws.
Conduct of becoming a barrister and solicitor means the conduct of such a lawyer’s private or personal capacity. For example committing any such kind of a criminal act or an activity which adversely affects the intentions, trustworthiness honesty, or fitness of the lawyer; engaging with the intention of with dishonesty which undermines the administration of Justice; taking an improper advantage of youths, lack of education, inexperience, ill health, unsophisticated and business like habits with another.
Whenever the Lawyer’s conduct be it in a personal capacity or private manner does not bring down any such kind of a question to his professional integrity, the legal fraternity will not review such a conduct.
But increasing the client’s Awareness of the lawyer’s conduct is likely to impair the client’s trust or trustworthiness. Then the legal fraternity of the legal society have a strong intention to hold disciplinary action whether such conduct is a personal or a professional one.
Duty towards legal profession
A Licencee lawyer has a duty towards its legal fraternity and his legal profession towards those who are irresponsible in such a conduct. Lawyers should act as an inspiration to their fellow mates and encourage them with respect, confidence and trust of the clients and the community.
Following are the duties to the profession which can be outlined :-
Report paralegal or lawyer misconduct; report any omissions and errors; increase the clients to report any kind of a paralegal or lawyer misconduct; report convictions for criminal charges.
Reporting Misconduct
Preventing and detecting any such kind of misconduct at an early stage reduces the risk to the potential client as well as the legal profession to damage their reputations. It is the duty of the lawyer to report any standard for misconduct to the legal society or the legal fraternity which is serious in nature. Until and unless it is unlawful or illegal where it involves a breach of client solicitor privilege it is the duty of the lawyer to report the legal fraternity to use money or inappropriate use of funds promote trust by the lawyer or a paralegal.
Involving any kind of a serious kind of criminal activity which is related to the paralegals or the lawyers practice, abandoning any of a practice by the lawyer or the legal service practiced by that para legal, conduct of the lawyer which reaches a substantial question on the paralegals are the lawyers capacity to provide any kind of a professional service. Advocates in Chandigarh have very good knowledge of law. Many respectful advocates are available there. Conduct of the lawyer which raises a substantial question as to the lawyers trustworthiness, honesty or the competency as a licensee; any such kind of situation where the paralegals or the lawyers clients are likely to be prejudiced.
Whatever the report which is being made by the lawyer it should not be made with bad intention or with malice.The application of reporting any kind of misconduct of the other lawyer first applies to the lawyer’s own conduct who is reporting such a crime. Lawyer who knows that any other legal practitioner who is illegally for violating any kind of a little practice and does not intimate the same to the law Society then an immediate disciplinary action could be taken against him as well and if the lawyer is unsure regarding such kind of a conduct whether it comes under the provision of a misconduct then such a lawyer should first consult any other legal practitioner or a lawyer how knows regarding any such kind of conduct whether it falls under the misconduct or not before intimating the same to the law Society or the legal fraternity. So, such kind of precautionary measures should be taken into consideration before reaching out to any conclusion at all. So, a clear and clean intention should also be expected from the person informing any kind of misconduct to the legal fraternity.
Encouraging the client for reporting any kind of Misconduct
In case there comes a scenario where the client has any kind of a complaint or claim against his Apparent lawyer of the paralegal, then it is the duty of the lawyer to encourage the client to report any such kind of complaint or claim that he makes to the legal fraternity. And if without going to the society the client takes any of the private remedies then the lawyer should also take steps which are being outlined proceeding with the clients instructions and that you in a written manner date of the client’s claim without any notice, informing any kind of a compensation fund to the client towards the legal fraternity, at the time of entering into an agreement with the lawyer and if there arises scenario that the lawyer is being in dishonest and is continuing violating the laws then we drawing from such kind of Representation, also informing the client regarding any of the information which is been disclosed by the lawyer which was the duty of the lawyer to protect and keep that information confidential.
Reporting any kind of convictions or criminal charges
It is the duty of the paralegal or the lawyers that they have to report themselves in front of the legal fraternity or the law Society if any charges have been framed against the lawyer and sending a written notification to the legal fraternity that what all charges are being framed against them like charges relating to drugs, charges relating to indictable offence, charges relating to the income tax or Mrs under the provision of the Canada jurisdiction or under the territory of Canada or Canadian law, for any other kind of offence which has been made by the lawyer which is inside the territory of Canada or under the province of Canada, offences relating to any of lawyers professional misconduct on his part with dishonesty and malice intention.
Lawyers try to inform the legal fraternity of the society in writing to the final result of the decision regarding any charges that have been mentioned above. The duty of intimating any kind of a charge has been received to the lawyer must report as soon as possible.
Such duty of reporting by the lawyer of and other lawyers conduct can only be possible or is only permitted when the reporting lawyer goes through the same profession of expertise which the airing lawyer has created or involved in any kind of criminal activity.
Reporting omissions and errors
In case there is a need of an omission or error which has been conducted by the lawyer side then it is the prime duty of such lawyer to intimate his client in a fair and reasonable with an honest intention that’s such an error and omission has been created by him and should also encourage him (client) for engaging any other independent lawyer with the same area of expertise or knowledge and also telling the client that he won’t be able to act on the behalf of the client’s matter due to search omission and error which has been created by him.
At the time of any omission or error which has been discovered by the Erring lawyer, then it is the duty of the lawyer to intimate to his legal fraternity under their indemnity policies. The Lawyer should intimate the insurance in case there is a reasonable apprehension that there might be any commission of an act where the presence of indemniter or insurance me take place.
Where any kind of a claim relating to the professional negligence or any kind of misconduct dishonesty in an reasonable manner is discovered then the other indemnitor or insurer is required to intimate such claim and dealt with such claim promptly, if any claim made is not indemnified by the lawyer for such omission or error on behalf of clients claim then such a claim should be considered in a Swift, calm and refraining manner without taking any kind of an undue advantage from either of the parties regarding that clients claim, increase the liability is clear and assert and then in such scenarios the indefinite or the insurance has to prepare himself to pay any portion or a percentage of an amount with the clean States and also to make arrangements regarding the balance payment off the client claim.
Like as per rules if you want to enter in Canada legally only licensed lawyer for that specific purpose can advice or provide services for immigration in Canada but now there are many lawyers who have no license for that & giving services & advises for immigration purposes illegally. You should check always the credibility of the lawyer who is helping you to enter Canada. You should always hire best Canadian Immigration Lawyers to enter Canada legally.
Come up with certain occasions or scenarios when a lawyer has reasonable in prevention to believe that the lawyer is liable for any kind of damages on the client but there is no such kind of liability existing. It is the right of the insurance corporation regarding the claims to be made between the parties but should not hamper or interfere in any of the relations of the duties between the client and the lawyer.
