Commercial lawyers in UAE have several duties. They must act in their client’s best interests and maintain a courteous and professional attitude. They are also required to comply with the Rules of professional conduct. Here are some of the most common duties of commercial lawyers. Regardless of the nature of their work, all lawyers must adhere to these duties.
Duty to protect and pursue a client’s legitimate interests:
The duty to protect and pursue a client’s legitimate interests is an important part of the lawyer’s ethical obligations. The lawyer must protect the client’s best interests within the law and maintain a professional and courteous attitude toward all parties in the legal system. However, a lawyer may be prohibited from using client information in ways that would not benefit the client. For example, a lawyer may not recommend a competitor’s product to a client.
Duty to maintain a professional, courteous, and civil attitude:
Maintaining a professional, courteous, and tolerant attitude toward opposing counsel and clients is an important element of the lawyer’s professional responsibility. While a lawyer’s duty to their client is paramount, it does not excuse their use of offensive or derogatory tactics. Rather, it calls for a professional, civil attitude toward all parties and all aspects of the legal process.
The Rules of professional conduct place special obligations on lawyers. Each lawyer is responsible for following them, and every lawyer must ensure that their fellow lawyers observe them as well. Failure to do so compromises the independence of the profession and the public interest. It is, therefore, imperative that lawyers uphold the legal process.
Duty to comply with the rules:
The Rules of professional conduct are a set of standards and requirements for lawyers. A violation of one of the rules may result in disciplinary action. The penalties for non-compliance with the rules depend on the nature of the violation and the circumstances in which it occurred. However, a violation does not automatically create a cause of action.
This responsibility falls on lawyers with managerial authority or supervise nonlawyers within their firm. This responsibility applies to lawyers who are members of a partnership or a professional corporation. It also applies to lawyers in law departments and legal services organizations. For example, in a law firm, a partner with supervisory authority over a team of lawyers may ensure that all the members abide by the rules.