Duty of Fair Representation

Under the law, a lawyer is duty-bound to take the case of an individual who has been wrongfully affected by another’s conduct or else has been the victim of deprivation of personal liberty.


This is considered to be a very important aspect of the justice system as it ensures that persons have a right to bring legal actions against others that have contravened the law. However, even though lawyers are duty-bound to take these cases, there are certain situations in which they may flout this duty of responsibility.

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The duty of fair representation comes into play when a lawyer fails to defend his client in a court of law. He is not obliged to undertake the representation of the case if he feels that doing so would result in a loss for his client. Similarly, a lawyer is not obliged to undertake the representation when he considers that doing so would adversely affect his reputation in the legal field.

It should also be remembered that the lawyer does not need to necessarily undertake the representation; he may choose not to do so if he thinks that it would not be advantageous to the client.

A lawyer may sometimes fail to defend his client because of various reasons. One such reason could be that he believes that doing so would involve taking a risk, which may put his own reputation at stake employment lawyer toronto. There is also the risk of desertion, in which case the lawyer would not continue to work on a particular case.

The attorney may also decide to withdraw from a case if he feels that the client is not suitable for representation and could be an opposition party to his case. In such instances, the lawyer would advise the client to find someone else who could provide him with the required representation. However, the lawyer may be obligated to continue to assist the client with court preparations as long as he obtains the necessary permission from the court.

It is important to recognise the duty of care of lawyers and how it applies in the legal system. Lawyers represent their clients in the same way as any other professional or member of the public would. While it is always a good practice to undertake ethical practices in order to uphold the principles of the legal system, the lawyer has a responsibility to represent his or her client honestly and impartially, and in a competent manner.

Duty of fair representation is also evident in other areas such as in the handling of confidential material. It is important for lawyers to undertake responsibility for any information or data that they disclose to their potential clients. They must also appropriately safeguard such information by destroying it or maintaining it in the strictest confidence when not in use. They should also promptly report any instances of misusing confidential material.

It is in this context that the term ‘fair representation’ can be applied. This concept is applicable in cases where a lawyer fails to undertake reasonable duties of care towards his or her client and fails to act in a competent manner. It is also an imperative rule under common law.

Even in civil law, it is assumed by the courts that one party has a right to defend itself against what it perceives to be an unfair encroachment by another. It is further assumed that a lawyer has a duty of fair representation if he or she represents a client with whom it is reasonably clear that he or she could defend effectively.

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