Q: QUESTION: In America is a lawyer's first sworn duty is to the court not to the client who employs them.?
I ask because that is definitely the case in the UK. I was accused of harassing a Member of our parliament (MP) because I pointed out that she was committing treason. The court used the law that stops a wife abusing husband from personally cross examining his wife which causes wives to be fearful of giving evidence and refusing to take the stand. When my lawyer stood to cross examine the MP the judge warned her that her first sworn duty was to the court which meant that my lawyer could not ask questions relevant to the case.
I ask the question because lawyers in the UK defend their clients by accepting that our parliament laws are above our common law so that, as in the example in my case, I was not allowed to cross examine my accuser as allowed by our constitution. I know of a case where a senior barrister was stuck off (barred from working) for exposing the law regarding void orders . (most lawyers have never heard of that.) It applies in America which is a common law country.
A:
In the United States, lawyers do have a duty to the court, but this does not supersede their duty to their client. The American Bar Association's Model Rules of Professional Conduct emphasize both the lawyer's obligation to represent their client zealously within the bounds of the law and their role as an officer of the court. This includes maintaining the integrity of the legal process.
A lawyer's duty to the court involves ensuring that proceedings are conducted fairly and honestly. They must not misrepresent facts or law to the court and should strive to ensure that justice is served. However, this duty does not prevent a lawyer from vigorously defending their client's interests.
In your scenario, the limitations on cross-examination were likely based on specific legal provisions or court orders, not because of a lawyer's duty to the court. Such restrictions are sometimes imposed to protect witnesses from harassment or intimidation, especially in sensitive cases.
Regarding your reference to common law and parliamentary laws, in the U.S., the legal system is a mix of statutory law (laws passed by legislatures) and common law (law developed through court decisions). Lawyers must navigate both to effectively represent their clients.
It's important to understand that while lawyers have ethical obligations to the court, their primary responsibility is to advocate for their client's interests within the framework of the law. Legal representation in the U.S. aims to balance these duties to ensure justice and fairness in the legal process.
A: The duties are intertwined. Lawyers must exercise diligence and be zealous in advocating the interests of their client. At the same time, they must operate within the strict guidelines of the court system, which includes comlpying with codes of civil procedure, criminal procedure, rules of evidence, and other rules. Good luck
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
