Professional Legal and Ethical Practice

[13] Lawyers play a crucial role in preserving society. To fulfill this role, lawyers must understand their relationship to our legal system. Rules of ethics, when properly applied, serve to define this relationship. The Carnegie Foundation describes the educational components required to work as a professional as three essential areas: (1) intellectual training to learn the academic knowledge base and the ability to think in a way that is important to the profession; (2) practical competency-based instruction; and (3) training in ethical standards, social roles and responsibilities of the profession, through which the beginner is introduced to the importance of integrated practice of all dimensions of the profession according to the fundamental objectives of the profession (Hughes, 2008). Legal and ethical issues are prevalent in health care, especially in nursing practice where caregivers have one-on-one contact with patients on a daily basis. Ethical issues range from organ donation to genetic engineering, assisted suicide, denial of treatment in end-of-life care or simple procedures requiring consent. Many nurses have no formal training in legal and ethical issues and are therefore often not qualified to answer these questions when they arise in the medical setting.xxxix While there are legal, ethical, and professional guidelines that dictate the behavior of professionals, this requires on-the-job training and the ability to be aware of the risks of making a personal decision about a patient. Nurses need to be guided in learning ethics in their profession to ensure mistakes do not occur. Because nurses have daily contact with patients in dynamic environments, ethical issues vary depending on patient profiles, developments in medical technology, and healthcare specialties. Awareness of ethical issues involves rational reflection on the actions to be taken in certain scenarios and adherence to the principles that guide this behavior. Nurses are influenced by professional, personal, cultural, social and political factors. The core responsibility of all physicians remains constant to promote health, act in the best interests of the patient, prevent disease, eliminate suffering, and extend services beyond the individual to their families and communities.

In the first area, the decision-making process faces problems such as difficulty in obtaining informed consent, disregard for confidentiality and lack of protection of patients` interests. The second area is the provision of certain treatments where caregivers experience conflict when asked to administer treatments they consider excessively aggressive, when pain management appears to be deficient, or when it becomes necessary to limit the use of life support. In the third area – workplace dynamics – conflicts arise when nurses have not been fully involved in the decision-making process or when they feel that the work environment makes it difficult to take into account bioethical issues (Falcó-Pegueroles et al., 2013). Research suggests that ethical conflicts in the healthcare sector are increasing, both due to the increasing complexity of care and due to scientific and technological advances. Several studies analyzing ethical conflicts that occur in intensive care units have found that ethical conflicts faced by ICU nurses stem from three main sources: the American Nurses Association maintains the current nursing code of ethics; it is entitled Code of Ethics for Nurses with Interpretive Statements; Last amended in 2015, it contains nine provisions detailing «the ethical obligations of all nurses.» It «deals with the individual and collective intentions and actions of nursing; it requires every nurse to demonstrate ethical competence in professional life» (ANA, 2015). Consider meeting with a lawyer who specializes in legal ethics and professional liability if you have any questions or concerns. [1] A lawyer, as a member of the legal profession, is a representative of clients, an official of the legal system and a citizen of public life who has a special responsibility for the quality of justice. Health care professionals must adhere to appropriate limits. Patients are vulnerable, and this vulnerability must be recognized and respected at all times. The positive results of treatment can lead to deep feelings of gratitude, which can be confused with physical attraction.

Ethics and sexual exploitation laws prohibit inappropriate interactions with clients, such as meeting or accepting gifts that exceed face value. Genuine sympathy, trust and empathy should frame all interactions. Intervention is required when mutual respect is not demonstrated or boundaries are crossed. [20] A breach of a rule should not, in and of itself, give rise to a cause of action against a lawyer, nor in such a case give rise to a presumption of breach of a legal duty. In addition, the violation of a rule does not necessarily justify another non-disciplinary remedy, such as the challenge of a lawyer in an ongoing dispute. These rules are intended to provide guidance to lawyers and to provide a structure for regulating the conduct of disciplinary authorities. They are not intended as a basis for civil liability. Moreover, the purpose of the rules may be undermined if they are invoked by opposing parties as procedural weapons. The fact that a rule provides a fair basis for a lawyer`s self-assessment or for sanctioning a lawyer under the administration of a disciplinary authority does not mean that an antagonist in a ancillary proceeding or settlement has the power to request enforcement of the rule. However, because the rules set standards of conduct for lawyers, a lawyer`s violation of a rule may constitute evidence of a breach of the applicable standard of conduct. [6] As a citizen of public life, the lawyer should strive to improve the law, access to the legal system, the administration of justice and the quality of services provided by the legal profession. As a member of a scholarly profession, a lawyer should cultivate knowledge of the law beyond its benefits to clients, use that knowledge in legal reform, and work to strengthen legal education.

In addition, a lawyer should promote public understanding and trust in the rule of law and the judicial system, as legal institutions in a constitutional democracy rely on popular participation and support to maintain their authority. A lawyer must be aware of the shortcomings of the administration of justice and of the fact that the poor, and sometimes the non-poor, cannot afford adequate legal aid. Therefore, all lawyers should dedicate professional time and resources and use the influence of citizenship to ensure equal access to our legal system for all those who cannot afford or obtain adequate legal aid due to economic or social barriers. A lawyer should support the legal profession in pursuing these objectives and assist the Bar Association in regulating itself in the public interest. [12] The relative autonomy of the legal profession entails specific responsibilities for self-government. The profession has a responsibility to ensure that its rules are designed in the public interest and not to promote narrow-minded or self-serving concerns of the Bar Association. Each lawyer is responsible for compliance with the rules of professional conduct. A lawyer should also help ensure compliance by other lawyers.

Neglect of these responsibilities undermines the independence of the profession and the public interest it serves.