Commitment of lawyers to their clients
Before examining the influence of the hired gun metaphor on the legal profession, it is imperative to understand the content of the metaphor itself. The phrase of a hired gun is ill-defined from what is seen in the television, novels, and movies. A hired gun means a gun is for hire and not the person. The gun is his or her tool, and they make a livelihood by servicing their clients by doing their job. Therefore, hired guns can be viewed positively because some hired guns work to help those who are in distress to emerge victorious against the forces of injustice. Indeed, a hired gun is the partisan of the client and should be detached from moral judgment. Lawyers are taught to regard the law as the absolute instrument for achieving a social goal and need not concern themselves with the value questions. Their primary role is working ways that an individual or society can achieve the desired outcomes. Hence, lawyers are not to worry about the ethics and the consequences when exercising their duties to their clients. In other words, they should be detached from their values as well as beliefs (Webb, Sanders, & Scott, 201
0). Lawyers are to use the law alongside the facts to achieve their clients’ ends, and those ends are not relevant to them as longs as they are legal. Hence, they armed with verbal weapons and not guns to kill. Therefore, the image of the hired gun undermines the codes of the legal profession and devaluing the reality of practicing law.
However, it is worth noting that for a lawyer, in the discharge of his or her duty should only know one person in all the world, and that is his or her client. His primary concern is to save the client by all means possible regardless of the hazards and other costs to any other party. In performing this duty, the lawyer must not regard the alarm, the costs, torments, destructions, or the results that he or she may bring to the opponents. Nevertheless, it should also be noted that a lawyer is the ultimate advocate and is compelled to only speak for and in the
absolute interest of the client. Lawyers must be focused on seizing every fair advantage that is available to their clients and must be capable of standing alone if need be to skillfully defy the state as well as the opposing sides or those who threaten them in the name of saving their clients. Lawyers should not allow any person to get to their clients before getting to them first and should be prepared to stand against all the opposing voices.
their clients, lawyers’ duty to the court and the overall administration of justice always surpasses that of the client. This is guided by the law – as officers of the court, in addition to obeying the law, they should ensure that there is efficient as well as the proper administration of justice. Lawyers need to uphold the governing principles. They should not mislead the court, must be diligent in their undertakings, should be independent, and act with courtesy, honesty, and competence towards other parties.
Regardless of the fact that lawyers must act in the best interest of
However, it is also worth noting that in certain circumstances, lawyers can become hired guns who are available to do anything as long as they get their money. This is attributed to the
increasing bureaucratization of law practice. This is evident by the fact that only about two-thirds of lawyers work in private firms as the rest work in government, education, legal aid, and other interest inclined organizations. It should be noted, therefore, that less than half of those working in private practice are solo practitioners. Indeed, this presents difficulties in disputing the imagery of the hired gun, owing to the fact that more lawyers are getting employment hierarchical structures like in large firms. Certainly, this has contributed to a lot of unnecessary pressures of homogeneity, making the lawyers accept all kinds of
jobs irrespective of nature and the level of distastefulness. It has also been difficult for lawyers to be viewed as lone riders who represent whom they please. This has made them have little to no control of the type of case and client they represent all in the name of earning money. Indeed, this has made them be the hired guns who would do anything just for money regardless of the consequences of their conduct.
Furthermore, the commitment of lawyers is to their clients and not to their independence of judgment. This is attributed to the fact that they are keen to succeed in the market. It should be noted, therefore, that the business of law has been heavily driven by the quest to make profits irrespective of the costs. Recently, the need for lawyers has grown as lawyers easing the pressure by opting for their private interests. Lawyers have continued to express their anxiety over the battle between reality to fight and represent their clients with the rhetoric of professionalism. Most lawyers have become hired guns by carrying out the instructions that are given to them by their clients and are
in the best interest of their clients. They opt to do this without giving much attention to their misconduct that may arise during the course of litigation. There has been increased conflict between the proper administration of justice and upholding the rule of law with the principle of acting in the best interest of the client. Unfortunately, lawyers have opted for the latter.
It is important to note that the lawyers need to place obligations to the client before the court. Lawyers need to act in the best interest of their clients, and their primary focus should be on the clients (Rule 5). Lawyers need to disclose any updates or changes regarding the costs to the clients, act in the client’s best inter
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est, avoid any conflict of interest, follow the client’s lawful and proper instructions, and avoid any compromise to their integrity. Confidentiality, clear communication, handling of client’s money, and adherence to terms are part of primary duties or obligations to lawyers (Rule 8). Lawyers must ensure that the documentation, correspondence, and conversation are between themselves and their clients and can only be disclosed when there is a need or in limited situations. They must keep the files safe from any other part, including the court (Rule 2). Therefore, clients come first, then the court follows.