Code of ethics and moral values are integral components of criminal justice system and both lawyers and their clients have to comply with these components for justice to prevail in courtrooms. The basic legal ethics call for lawyers to prioritize the interests of their clients as they guide and consult over legal issues. Since clients are independent, the legal ethics guard them against unfair treatment or representation by their lawyers.
Therefore, in legal ethics, lawyer-client relationship is fundamental in administration of justice by the criminal justice system. Banks asserts that, “the progress of lawyer’s work should be evaluated at regular intervals in the context of the lawyer’s aims and interests, and relationship should be client-centered, involving shared decision-making responsibility and the mutual participation of both lawyer and the client” (2004, p.81). In essence, the lawyer should always advocate for the interests of the client. Given that the interests of the client take precedence, it is utterly unethical for a lawyer to reveal his/her client’s confidential information for monetary gain.
It is legally unethical for a lawyer to reveal confidential information relating to a client. In view of this, there is a case scenario where a lawyer with immense experience of over twenty years in law revealed confidential information of client to the media to get monetary gain. According to legal ethics, lawyer has ethical duty of ensuring that client’s information is confidential and thus should always advocate for the interests of the client.
Banks argues that, keeping client’s information confidential “is a fundamental ethical duty imposed on lawyers … breach of this would run afoul of other principles such as acting in the client’s best interests and not personally benefitting from the information given by the client” (2004, p.82). Therefore, the lawyer went against ethic’s fundamental principle of acting in the best interest of the client and further revealed client’s information for personal interests. In this case, the lawyer is liable to prosecution for breaching legal code of ethics.
Moreover, given the experience of over twenty years in practicing law, it means that the lawyer deliberately breached the code of ethics, the experience and clear ethical stipulations notwithstanding. It further means that the lawyer did not want to act in the best interest of the client because revelation of confidential information is an insult to the client. The lawyer pursued selfish interests over ethical requirements of duty, implying that the act was quite unethical and unprofessional.
Banks further argues that, “disclosure is permitted to the extent necessary to prevent a client from committing a criminal act that the lawyer reasonably believes is likely to result in imminent death or substantial bodily harm” (2004, p.83). In this case scenario, the client did not intend to commit another crime, hence, the lawyer has no reasonable justification for revealing client’s information except for monetary gain.
Ultimately, the lawyer is guilty of breaching code of ethics, which ensures that client’s interests take precedence, protects confidentiality of the information coupled with abhorring exposure of information for monetary gain. Fredrick concludes that, “lawyers must take reasonable precautions to ensure that their clients’ confidential information remains secure” (2010, p.7). Whether lawyers disseminate clients’ information deliberately or unintentionally, the fact remains that they have a moral responsibility of acting in the best interest of their clients by ensuring confidentiality of the information. Hence, the lawyer who revealed client’s information for personal gains is guilty and liable for persecution.
References
Banks, C. (2004). Criminal Justice Ethics: Theory and Practice. New York: Sage Publishers.
Fredrick, P. (2010). Client Confidentiality and Lawyers. American Bar Association, 6, 1-11.