Protecting a client's interests: The question of ethics

Abstract

Dr Longstaff of the St James Ethics Centre, in an article in the February issue of 'The Law Society Journal', advocates: • That lawyers should not act in accordance with a client's wants where such wants are contrary to the client's interests; and • That lawyers should not facilitate unethical behaviour by clients. If these principles are followed, so it is argued, the status and privilege of the profession within the community will be maintained. On the first point, Dr Longstaff assumes that it will always be in the client's interest to act ethically. It may be common experience however that this is not always the case. Many people would argue that tax minimisation schemes, although legal, are unethical and yet such schemes may clearly be in the interests of the client. Even if it appears that the proposed action is contrary to the client's interest, the lawyer must defend that client's right to act. For the interest that is being protected is the interest that the client has in being an autonomous individual who has control over their own life and responsibility for their decisions.