Lawyers are known to be the keepers of client’s confidences. Lawyers hold in trust client’s confidences and to keep inviolate clients secret. Generally, lawyers are responsible in handling client’s funds in a fiduciary capacity. Nevertheless, lawyers forget that they have the same fiduciary duty to clients to keep safe the things and other documents that we receive from and on behalf of clients. The failure to properly maintain those items and to return them to their rightful owners, the clients, can result in lawyer discipline. The cases discussed below are based on actual reproaches issued by the director in the past year.
What Legal Advice Is?
Legal advice is the application of abstract principles of law to the concrete facts of the clients’ case in order to advise the client about what they should do next. In many countries, only a properly licensed lawyer may provide legal advice to clients for good consideration, even if no lawsuit is contemplated or is in progress. As a result, conveyancers must first obtain a license to practice, although they would spend very little of their careers in court. Failure to obey such a rule is the crime of unauthorized practice of law.
Moreover, jurist in some countries hold law degrees and they are allowed to provide legal advice to individuals or to corporations, and it is irrelevant if they lack a license and cannot appear in court. There are times that civil law notaries are allowed to give legal advice, and in many countries, non-jurist accountants may provide what is technically legal advice in tax and accounting matters.
A lawyer provides legal advice to clients on a variety of matters depending on the role.
· Prepare contracts for joint venture partners, customers and suppliers.
· Oversee legal compliance requirements of a company.
· Advise in areas of resources law, workers compensation, native title and environmental responsibility.
· Guarantee the legal requirements of tenement and lease management are adhered to.
· Ensure appropriate risk management strategies are in place.
· Discuss with management, commercial advisers, tax experts, accountants and marketing staff.
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