Conversely, what balances and checks exist to limit a lawyer from over-zealously promoting his client’s interest particularly she’s miscalculated it?
Acting in the best interest of the client is a key professional principle. It is also a principle that is sometimes in tension with other principles: the obligation to protect the rule of law and the administration of justice, and acting with integrity, in particular. This tension leaves open the question, how much emphasis should be given to the client’s interest? How zealous should lawyers be for their client? Whilst both solicitor and Bar codes emphasise the preeminence of the rule of law and administration of justice where there is a conflict between principles, I often hear lawyers state, incorrectly, that the client’s interest are paramount or – in the words of Lord Hunt – that ‘client first was bred into me’. The Bar’s own emphasis on fearlessness adds its own gloss. The idea of the zealous advocate, and in turn, the zealous lawyer, has a strong historical and philosophical pedigree.
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