Attorneys’ conduct is always governed strictly by a specified set of ethical rules because of the integral duty they play in ensuring that they represent their clients fairly and the rule of law is observed. Any kind of violation of the enforced codes of conduct and rules amounts to penalties such as suspension or any other kind of punishment that matches the violation or mistake committed. For instance, the case between State Ex. Rel. Bar Association vs. Zakrzewski, 560 N. W. 2d 150 (Neb. 1997), the attorney in charge deliberately stated unsubstantiated and false allegations that were against the ethical codes of conduct of the bar. This led to the compromising of justice’s integrity. This was termed as disrespectfulness to the law and ethics of justice.
Professional Responsibility Rule
Canon 7’s DR- 102 contained in the professional responsibility code affirms that at the time of trial, an attorney shall not engage in malicious actions that could harm other individuals. More so, section 5 of the code requires that attorneys should not make false statements deliberately when representing their clients. Rule 1.1 of the responsibility of professionals’ states that an attorney shall provide professionally competent representation to clients who need things like skill, legal knowledge, thoroughness by all means. The attorney must ensure preparation prior to seeking client representation like making sure they are trustworthy law interpreters. In the aforementioned case, Zakrzewski violated all these stipulations.
Facts
In the case, the attorney distorted facts and truth deliberately where he lied about the custody of a child, who turned out to be his nephew also. Zakrzewski, in his affidavit, claimed that the attorney of the mother had advised the client to file allegations of child abuse against his brother. He claimed this was done with the aim of disrupting his visitation rights as a parent. The accusations turned out to be false when the issue was brought before the court. The court quickly acted to redeem the bar’s image by investigating the case. The lawyer was found guilty for acting incompetently and deliberately giving false information in court. The attorney had violated his responsibilities as a defender of law. The court suspended him for 18 months.
The Court’s Reasoning
The court investigates the offender’s conduct with regard to possible motivation of the offense and its nature before determining any disciplinary action. The court weighs public interests to establish if there is need to deter other people from such an offense. They examine the offender’s attitude as well as their future legibility to practice law thereafter. These efforts are aimed at maintaining the integrity of lawyers in defending the law and the bar’s integrity. Independent investigations are carried out by the court to determine facts and ensure the integrity of the lawyer, if he is innocent, and the bar.
Furthermore, the court examined the offender’s conduct and its ultimate effect on the bar’s integrity. During investigations, the lawyer acted inappropriately, hence revealing his lack of remorsefulness for conducting himself unprofessionally. Therefore, the court concluded that Zakrzewski had attempted to maliciously discredit his colleague by deliberately presenting false information with the aim of gaining the custody of his brother of the child in the case. The court also ascertained that the lawyer used unsubstantiated and unconfirmed information. That illustrated his ill intent of damaging the bar’s reputation and the lawyer’s too so as to swing the case in his brother’s favor. In the case State Ex. Rel. NSBA vs. Zakrzewski, 252 Neb. 40 560 N. W. 2d 150 (1997), the court declared that lawyers must make sure that all aspects of the cases they handle are fully affirmed, researched and legal.
Works Cited
"State Ex. Rel. NSBA vs Zakrzewski 252 Neb. 40, 560 N. W. 2d 150." 1997.
