Lawyers Ethics and Professionalism During the Age of Virtual Hearings

Introduction

The COVID-19 pandemic has drastically altered the way we live, work, and play. It has affected the way lawyers handle cases. Everything was done online, from the service of court documentation to the hearing of cases in front of the courts. In a short amount of time, the courts and the legal profession were amenable to doing things in ways they had previously disapproved. In-person hearings were quickly replaced by e-person hearings using cutting-edge video conferencing technology such as Zoom, WebEx, Teams, Skype and others. There is no going back to those good old days now that the residents have tasted this manner of doing things without much bother and from the comfort of their own homes.

In the course of practising law, a lawyer is exposed to the widest range of human interactions possible, and his character is continuously put to the test. This provides him with a unique opportunity to develop the attributes that distinguish him as a leader in society.

What do we mean by Ethics?

Ethics refers to human behavior that involves deciding what is right and what is wrong. They are beliefs and principles that, in conjunction with norms of conduct and legislation, govern a profession, such as law. Legal Ethics refers to the application of professional conduct standards to members of the legal profession. Honesty, Integrity, his duty towards his client, organization or Court are all considered a part of ethics.

What is Professional ethics?

Character is crucial in many professions and aspects of life, but in the legal profession in particular, maintaining the lawyer’s honesty is of paramount importance. The construction of a well-deserved reputation for professional capacity and devotion to trust is the most deserving and successful advertisement a young lawyer can make. An advocate without character is like a ship without a rudder.[1]

Professional ethics refers to the collection of rules or moral principles that regulates a person’s behavior in their job or in life. In the legal profession, a lawyer must follow professional rules in order to treat clients fairly and maintain self-possession. The Indian lawyers are governed by the rules provided in ‘Standards of Professional Conduct and Etiquette’. Due to pandemic, legal profession has seen various changes. All these changes have brought ethics and professionalism as a challenge, which has only increased.

Newly introduced ethics due to the virtual era

• Courtesy and Good Faith

Lawyers must avoid sharp practice and not take advantage of the opposing party’s lapses or mistakes as part of their duty of civility and good faith. While some lawyers are technologically advanced in their knowledge and application, many others are still working to improve their technological abilities. It is reasonable to predict that the latter group’s learning process will be marked by blunders and errors. It would be unethical for lawyers to profit from opposing counsel’s blunders or errors.

• Measures to protect confidentiality

The necessity to safeguard client confidentiality is one of the most fundamental issues that lawyers face when operating from a remote location. Attorneys must take extra steps to protect client confidentiality when working in close proximity to other members of the household. It is against professionalism if these guidelines are not followed. Lawyers still owe their clients a duty of secrecy, which extends beyond information that the client wishes to keep private. Instead, that responsibility encompasses all information acquired during the course of representation. The fact that the court hearing is open to the public does not imply that they should share the content of the hearing to others.

• Virtual etiquettes

Counsel owes it to the court to treat it with politeness and respect. Even in the virtual courtroom, where counsel is still bound by court etiquette and rules, this obligation applies. During the proceedings in the virtual courtroom, it is best for lawyers to comport themselves appropriately at all times. Even if the video is switched off or the microphone is muted, they should always act as if they are being seen. Adopting this approach will assist them in fulfilling their civility and respect obligations to the court. Despite working from the comfort of their homes, attorneys must maintain their professionalism and etiquette. When appearing in front of a tribunal, it is critical to dress professionally; decent attire is a sign of professionalism and respect.

Lawyers have an obligation to treat courts with decorum and respect. While participating in a hearing remotely, it’s vital to stay mindful of their surroundings. Some crucial points include choosing a quiet area devoid of distracting background noises and using a neutral wall or virtual backdrop.

• Being prepared against cyber crimes

Attorneys must be mindful of the increased risk of cybersecurity hazards when working remotely. Client information security from cyber-threats is a key ethical problem. Phishing techniques are one example of a common cybersecurity threat to legal practise. Impersonating a legitimate source, such as a coworker, family member, or personal banking institution, to obtain personal information such as passwords and banking information, as well as defrauding attorneys or their businesses, are examples of these scams. As a result, lawyers should use extreme caution while examining communications and obtaining data. It’s always a good idea to double-check the sender’s email address to ensure the email is genuine, as many hackers will create phoney email accounts that are only slightly different from the one the hacker is posing as.

Conclusion

To summarize, attorneys should always use their best efforts, whether they are working in the office or remotely, to ensure that client communication and professional representation continue unabated. The virtual hearing of the courts has probably increased the lawyer ethics that need to be followed and also the need for professionalism at the same time. Lawyers need to be more diligent and alert of various factors. Inculcating this new lifestyle was bound to bring various changes and ethics to comply with.

[1] Karl Gottfried Maeser, President of Brigham Young University

Author: Tanya Gupta is student at Unitedworld School of Law.

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