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Daniella Koranteng - An Essay On Barrister's Morality

A barrister must provide a fair trial for their client and uphold legal integrity, as their duty is to the legal system, not judging their client's actions. While some cases may compromise their morals, barristers have options like negotiating settlements or withdrawing to transfer the case while maintaining the integrity of the legal profession.

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18 views2 pages

Daniella Koranteng - An Essay On Barrister's Morality

A barrister must provide a fair trial for their client and uphold legal integrity, as their duty is to the legal system, not judging their client's actions. While some cases may compromise their morals, barristers have options like negotiating settlements or withdrawing to transfer the case while maintaining the integrity of the legal profession.

Uploaded by

daniella.koranteng
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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“As a barrister, how can you run a case that you know is wrong?

‘Justice is the constant and perpetual will to render to every man his due’ - Emperor Justinian.

As a barrister, the profession of law is spearheaded by the legal concept of ‘The Rule of Law’.
The Attorney General Victoria Prentis KC MP delivered a speech to the Institute for
Government, stating, ‘The rule of law is the principle that the law applies equally to everyone,
that no one is above the law… It requires that all persons have access to courts that are
independent’. Therefore, a barrister has to redirect their focus on providing the client a fair trial,
advocating for their client rather than becoming a judge of their actions. This means the barrister
can look at fulfilling their duty to their client by upholding legal integrity as this is their
professional obligation.

Through this, a barrister will provide the standard legal procedures not compromising the
integrity of the legal system. This will be reinforced by the high standard of professional conduct
and abhorring the engagement of unethical or deceptive practices shown through the presentation
of honest and credible arguments.

In addition, there are many alternatives in representing the client’s interest without sacrificing
morality. A barrister can discuss with the client: negotiating settlements, setting a plea deal or
even looking at different dispute methods. The client could even look at the option of mitigating
the harm caused. Remaining clear and transparent communication with the client will provide an
understanding to their perspective which could mutually align the barrister and the client. It's
important to recognise the barrister wouldn't agree with the clients actions but sympathy will
grow trust, creating a strong defence strategy.

As a last resort, if a barrister feels that the case would violate ethical principles or go against
their moral compass, they could withdraw from representation. Consequently, the case would be
transferred to another barrister or legal representative. Even though it may have reputational
implications, integrity of the legal profession and upholding the law is of greater value.

Clearly, this issue requires a balance of moral integrity and court obligations. Even though these
requirements may cause tension, barristers should still work hard to uphold honesty, justice and
fairness. Through working professionally, relying on their legal obligation and using
thoughtfulness and integrity, they can fulfil their obligations while remaining steadfast in their
moral convictions.

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