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Essay / Research Paper Abstract
This 28 page paper sets out to consider the proposition that lawyer operate in the public interest. The paper starts this by defining the role of the lawyer, which includes the UK definitions of both barristers and solicitors. Following this the meaning of public interest is discussed with reference to different perspectives, and the manifestation of the way law seeks to serve the public interest is examined, with the theories of Devlin and Hart. The final part of the paper then considers how public interest is served with the examination of a well known case where public interests were of paramount importance; the extradition proceeding of General Pinochet, a case where it is often assumed that public interests were not served. The bibliography cites 20 sources.
Page Count:
28 pages (~225 words per page)
File: TS14_TElawyers.rtf
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Unformatted sample text from the term paper:
1. Introduction Lawyers are perceived with very mixed ideas, stereotypes may place them as money grabbing vultures, eager to take on cases where there are disputes in order to create fees.
Advertisements in the UK indicate the pattern seen in the US is emerging, with the encouragement of bring law suits, evidenced with the ability of no fee lawyers, where fees
are only paid if a case is won. However, they are also a keystone in the legal system, often undertaking pro bono work and working to towards allowing the justice
system operate correctly. Therefore, there are some conflicting public perceptions. There is little doubt that lawyers will challenge the legal system, defend guilty parties and bring legal cases without merit.
This is not the issue, it is a part of their job to undertake this, and allow the justices system to operate. Lawyers use the justice system as a tool,
but at the same time they are also a tool in that system, facilitating due process. The more relevant question is does this profession act in the public interest. The
argument of this paper is that they cannot fail to act in the public interests, as this is inherit in the systems that they have to operate within, as this
has been laid down by the legislature which is assumed to operate with the public interest in any modern democracy1. This is likely to occur regardless of any personal philosophy
they follow as even challenges and apparent flippant cases may indirectly act to emphasis the public interests. The problem with any argument such as this is the subjective view
of public interests and the wide range of roles a lawyer may perform. Therefore, in this paper we will look not only at the theory, but also the application. Starting
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