Impact of a Rural Lawyers Professional - Assignment Example

1`Name of the student Course Tittle Name of the professor Date Table of Contents `1`Name of the student 1 Course Tittle 1 Name of the professor 1 1.0.MODULE ONE 3 1.1.How a rural lawyer’s professional, social and community service activities could provide a positive impact 4 2.0.MODULE TWO 6 2.1.Words and phrases standing out and reasons 6 2.2.How the concept of ‘rurality’ captured 6 2.3.Whether any of the representations endure as valid portrayals of the realities of working as a rural or regional lawyer in the 21st century 7 3.0.MODULE THREE 8 3.1.How rural and regional context impact upon the role of the lawyer 8 3.2.Whether rural or regional practice emerge as a career option 9 3.3.Strategies or approaches that might help to overcome the challenges 9 4.0.MODULE FOUR 10 4.1.How psychological phenomena may affect the lawyers’ relationship with their clients 10 4.1.1.Women 10 4.1.2.Lesbian, gay, bisexual, transsexual, and intersex communities (LGBTI) 11 4.1.3.Aboriginal and Torres Strait Islander peoples 12 4.2.How this might influence the professional responsibilities owed by legal practitioners to these groups 12 5.0.MODULE FIVE 12 5.1.Whether lawyers in rural and regional areas should be held to different ethical standards to those in metropolitan areas 14 6.0.References 15 1.0. MODULE ONE 3 1.1. How a rural lawyer’s professional, social and community service activities could provide a positive impact 3 2.0. MODULE TWO 5 2.1. Words and phrases standing out and reasons 5 2.2. How the concept of ‘rurality’ captured 5 2.3. Whether any of the representations endure as valid portrayals of the realities of working as a rural or regional lawyer in the 21st century 6 3.0. MODULE THREE 7 3.1. How rural and regional context impact upon the role of the lawyer 7 3.2. Whether rural or regional practice emerge as a career option 7 3.3. Strategies or approaches that might help to overcome the challenges 8 4.0. MODULE FOUR 9 4.1. How psychological phenomena may affect the lawyers’ relationship with their clients 9 4.1.1. Women 9 4.1.2. Lesbian, gay, bisexual, transsexual, and intersex communities (LGBTI) 9 4.1.3. People from diverse cultural and linguistic backgrounds 10 4.1.4. Aboriginal and Torres Strait Islander peoples 10 4.1.5. Young people 10 4.2. How this might influence the professional responsibilities owed by legal practitioners to these groups 11 5.0. MODULE FIVE 11 5.1. Whether lawyers in rural and regional areas should be held to different ethical standards to those in metropolitan areas 13 6.0. References 14 1.0. MODULE ONE 1.1. How a rural lawyer’s professional, social and community service activities could provide a positive impact As a lawyer, working in rural or regional Australia, I would contribute immensely to the local communities through their social life, work and even through participating in various community services. For sustainability of the community, it is vital to participate in these kinds of activities. Conversely, with the tenets of the profession at hand, I know that rural Australia is prone to change in areas such as commercial sectors in both national and international trade, environmental changes and those involving the role of the government thus a need for strategies that fosters sustainability. In addition, working in the regional Australia, interaction with the locals provides the opportunity to appreciate the need to improve human and social capital for sustainable growth of the regional economies. For this to be successful, the individuals’ efforts from all spheres of life need to be appreciated and supported as well as the services and the various institutions within the particular community offer. To conceptualize this point, social capital comprise of trust and reciprocity among groups in terms of the values and norms that foster peace and cooperation. I do also see an insight of social network embedded in social capital to help develop the communities as a result of sharing of the experiences which are valuable assets to the community members. Additionally, human capital is concerned with health of the people in the community as well as education as a tool that imparts knowledge and skills to people. It allows people to progress their ideas as a result of interactions and innovations. I believe an understanding of this will help in further understanding the complex knit of the communities in terms of how they live and operate in such circumstances. Arguably capital such as economic, natural and institutional can be of great significance to the regional communities. As a lawyer I will work extremely hard to protect these capitals to the community members since they depend on them for the development purposes. I would fight for the legal rights to ensure that Australian community are compensated for calamities like floods, fires and drought which have major setbacks for sustainable developments. Protecting natural resources is a fundamental right because any development is dependent if not inherent on them. Fighting for the community economic capital would be of great importance. As a rural lawyer, protecting individuals’ income, machinery and wealth put them ahead in development just like the urban inhabitants (Reid etal, 2011). This goes hand in hand with enlightening the community on the use of institutional capital as a core role that would ensure they in turn effectively use the private and public infrastructure as well as the assets. As research such as Coverdale (2011) notes, a threat to social capital is disastrous to the community as it will negatively impact on the social order. Reid etal (2011),add that it is an impediment to economic sustainability and social cohesion hence leading to vices like increased crime, unemployment and ill-health. Working with the above evidence-based research, maintaining social order by providing education to my clients would impact positively in both their social and economic lives. Finally, as a regional lawyer I would help prevent community members from offending and re-offending. Groups of lawyers have benefited the community members through programs like domestic violence counseling, mediation programs, drug counseling, witness or victim counseling and youth support service. These have played a role in court diversion programs. The lawyers through their rural issues committees, monitors legal issues and or affairs of importance to rural lawyers and organizes education programs relevant to the rural practitioners. Young lawyers also guided by this committee on ways to create their support networks. 2.0. MODULE TWO 2.1. Words and phrases standing out and reasons “Being ‘the lawyer’ in a small rural town makes you the model citizen.” This phrase shows how the rural and regional lawyer is of importance to the community not to mention how people may look up to them during crisis and emotional problems. “Rural identity” is the other phrases that stand out. The reason for its uniqueness is the fact that it depicts the manner in which a differentiation in the profession arises due to the geographical setting under which it is practiced. In this module, a rural lawyer is different from a town solicitor due to differences in remuneration, experience and the nature of legal cases handled. 2.2. How the concept of ‘rurality’ captured The concept of rurality in my opinion has been captured as that which is inferior to the urban setting and life. Lawyers just offer charity work to various organizations which are less or not remunerated as opposed to the urban solicitors. These underscore the differences in the law profession in terms of the superiority of service by the metropolitan lawyers. Rural setting is considered to be a place deprived of the economic stability and wealth to an extent that the rural are also portrayed to be in themselves a poor lot. The country lawyers live a miserable life and can even work without regard to payment and rewards. Disregarding the commonalities of the legal training, I strongly feel rural setting has a bearing on the law career. I believe it shapes the career to conform to the economic and social institutions of the community. With the uneven allocations of wealth, law seems to be reduced by rural setting to an extent that undermines the solidarity expected in the profession (Giddings etal, 2001). 2.3. Whether any of the representations endure as valid portrayals of the realities of working as a rural or regional lawyer in the 21st century In my opinion none of the representations are true portrayals of a 21st century lawyer. To underscore my opinion, first, a 21st century lawyer is expected to live a descent life in proper housing but not the wretched life portrayed of a rural and regional lawyer. She is among the richest in terms of the remuneration package and therefore expected to reciprocate in his or her lifestyle. According to Landon (1992), a rural or regional lawyer is not a great lawyer and is of less importance to the community members. This portrayal depicts a different scenario as it is seen with the 21st century lawyer.  Landon (1992, p. 67) notes that rural and regional practice is characterized by “…a concentration on personal plight matters and deep involvement in community activities.” How do you envisage your contribution to a rural or regional community you are employed in as a lawyer in the future? I envisage my contribution to the community as a professional who will be representing the community in all matters pertaining to legality so as to ensure that both social and economic developments are abreast. I would participate in all communal activities in an effort to orientate the community members to issues to do with legal education. As a way to foster peace in the community, I will negotiate for professional and personal relationships with the community members. I also envisage getting involved in various associations as way of getting the honest information from my community clients. 3.0. MODULE THREE 3.1. How rural and regional context impact upon the role of the lawyer Rural life presents unappealing living conditions to lawyers during their line of duty. The housing prices are marginally low as compared to the city life. Additionally, I do see a satisfaction in job among the lawyers due to greater work life. Nearness to places of work contributes to this satisfaction since they are located at close proximity. Moreover, the lawyers have stronger connections and ties with the community members where they practice. RRR laws which exist in rural areas have put in place family friendly facilities which are motivating to the rural lawyers. Less traffic in rural areas also stands tall to ensure that the regional solicitors actualize their work by arriving at their places of work in time. The social scenes in which the solicitors find themselves in my opinion draws them closer to the people they serve hence a likely hood of getting the honest information they might want from their clients during representations. Giddings etal (2001) point out that the rural clients are a paying lot hence there is a reduced risk of incurring bad debts particularly from the clients who are non-payers. This is an advantage to the regional solicitors as this move motivates them greatly. 3.2. Whether rural or regional practice emerge as a career option No, regional practice does not emerge as a career option for me. To conceptualize the decision above, Castles (2000) points out to geographical isolation between the regional lawyers and the metropolitan solicitors as a challenge that can greatly interfere with the professional networks. They might be required to travel long distances to court circuit schedules, seminars and office attendance. New professionals are thus discouraged from entering the profession. Additionally, less social services like schooling, transport and recreation can also make rural life less attractive to a status of law profession. This according to Castles (2000), may create a problem of incompleteness in infrastructure hence few lawyers are likely to choose the community as their place of work. Giddings etal. (2001) argue out to problems of retreat and burnout due to geographical isolation. It is not easy to find a locum solicitor during times of taking a break for holidays. This problem expounds by leaving some parts of the law unattended since the same lawyer is ever on duty. This poses a lot of stress due to the volumes of cases to be handled by an individual. This argument is related to constraints tied to personal boundaries for lawyers in rural and regional set up which can be a problem since it is not a clear cut. This is further complicated by the community members’ expectation on the lawyers’ roles can interfere with their personal life hence deterrence to young professionals. 3.3. Strategies or approaches that might help to overcome the challenges I would put strategies in place to arrange for holidays by hiring replacement solicitors, arranging for means of transport and avail the complementary services for the lawyers so as to make the rural life appealing to them. 4.0. MODULE FOUR 4.1. How psychological phenomena may affect the lawyers’ relationship with their clients 4.1.1. Women The social closeness of the rural and regional communities cannot allow confidentiality to be enjoyed among women in terms of their personal affairs. I can point out, the fact that women are not confidential due to the social set up in which they find themselves in; they might be reluctant to seek for police help even in instances of serious problems at home such as violence since the surrounding attitude may make them keep the problems to themselves. Even in an instance of violence with their partners; their partners might wittingly socialize with the local police to hamper their efforts to seek for legal advice and assistance from the regional solicitors. The image of women in a rural setting is an important phenomenon that a regional lawyer must be abreast with. In Australia, it is historically easy to find a family lawyer only accepting to represent the husband and not the wife in family disputes. This is supposedly done with a view that the husbands are financially superior in comparison to their wives hence considered as long term clients by the solicitor. The wife has to be compelled to seek for the assistance of other lawyer disregarding the distance traversed to find a lawyer (Silver, 2006) 4.1.2. Lesbian, gay, bisexual, transsexual, and intersex communities (LGBTI) The LGBTI group of people shows cultures that are conservative and intolerant to difference and closed. As a likely hood the LGBTI may be faced with problems of harassment and discrimination in the regional areas where they live. Majority of the people living among this group disregards unlawful nature of discriminating anyone on the basis of sexual identity by the state discrimination laws. As Coverdale (2011) points out, LBGTI group are faced with problems of social equality, exclusion from other rural beneficial activities and access to opportunities in their quest for justice which makes it difficult to re-arrange themselves to a feeling of self worth. As a result, there is a feeling of homophobia in the form of violence and harassment. There seem to a difference between the LBGTI and other group of disadvantaged group in terms of social equality. They feel socially inferior; an issue that undermines their interactions with other groups including the lawyers who might be willing to represent them in their legal cases. Disclosure of vital information for their cases becomes a problem at this instance as they fail to act with the utmost good faith. Failure of the LBGTI to participate in rural activities creates an impression of lacking self-worth. They therefore distance themselves from the community members by avoiding the social meetings that brings them together. Lawyers are hesitant to take their cases up due to fear of cooperating. 4.1.3. Aboriginal and Torres Strait Islander peoples Aboriginal people live in the marginalized parts of Australia. They are faced with a variety of problems ranging from lack of legal services to lack of cultural awareness. Aboriginal people stand discriminated against in several legal processes by the legal process providers. Lack of trust for the legal system may also interfere with the manner in which they are free with the regional lawyers who might be willing to represent them in their cases (Coverdale, 2011). These people because of the nature of the environment, I feel lack better lawyers who can represent them in their legal cases. Lawyers do not have a deeper understanding of their cultures posing a threat to their legal representations and frameworks. 4.2. How this might influence the professional responsibilities owed by legal practitioners to these groups The problems mentioned to be experienced by the different groups of people may pose a challenge in representing them in their legal cases. As a basic for developing a defense case, communication and an understanding of the varied cultures would be of importance to develop an understanding of the various contexts that causes the legal issues. 5.0. MODULE FIVE In light of White J’s decision in the Petschlercase, is there any justification for ordering different disciplinary sanctions for lawyers in rural and regional areas (compared with metropolitan lawyers)?  In several occasions, the conduct and ethical standards of rural and regional lawyers have been in question thus compelling a condition to ordering disciplinary sanction compared to their metropolitan counterparts (Giddings etal, 2001). Having a small population base in mind, there has been an increase in conflict of interests among the rural lawyers between the clients. The Australian Solicitors Conduct Rules state: “A solicitor must avoid conflicts between the duties owed to two or more current clients” and “If a solicitor seeks to act for two or more clients in the same or related matters where the clients’ interests are adverse and there is a conflict or potential conflict of the duties to act in the best interests of each client, the solicitor must not act”. This arises due to reasons that that there might be few lawyers and many clients be represented therefore one lawyer might end up representing more than one client having conflicting interests; a situation that creates ethical dilemmas. The traumatic nature of court experiences to the clients during their cases may also demand ordering of disciplinary sanctions as a matter of maintaining the cases. According to The Australian Solicitors Conduct Rules “A solicitor must not disclose any information which is confidential to a client and acquired by the solicitor during the client’s engagement to any person”. In some occasions, the rural lawyer due to lack of knowledge on the solicitors’ conduct rules may act on a losing end to disclose the clients’ confidentiality contrary to lawyers’ ethics which put confidentiality at the heart of the legal system (The Senate Legal Constitution, 2009). Anonymity problems in rural areas have compelled the rural lawyers in some cases to compromise their ruling against the stipulated guiding laws. Truly, anonymity has influenced the willingness of the clients to give accurate information regarding their cases in confidence. As De Jersey (2010) points out, “In a small country town … everybody knows you. It is just as likely that everybody knows the client as well, and it is therefore easier to identify people from qualities and personal identifiers even when they are not named”. This is different from the metropolitan lawyers who represent clients whom they have never known hence keeping strictly to their ethical standards. There is a level of partisanship practiced by the regional lawyers in representing different clients. This contravenes the Australian Solicitors Conduct Rules which provide that: a solicitor must “act in the best interests of a client in any matter in which the solicitor represents the client”. This problem has been compounded by lack of anonymity by the rural lawyers which the metropolitan lawyer enjoys. 5.1. Whether lawyers in rural and regional areas should be held to different ethical standards to those in metropolitan areas Rural lawyers should be held to different ethical standards because of the manner in which they breach the solicitors’ code of conduct and lawyers ethics. In many occasions they gave rulings that would be termed as inappropriate jeopardizing the lawyers’ capability to make fair rulings. 6.0. References Castles, R. (2000). Recruitment and retention of young lawyers in remote, rural and regional Queensland.Law Institute Journal,14(9), 32. Coverdale, R. (2011). Postcode justice – Rural and regional disadvantage in the administration of the law in Victoria.Research report.Deakin University. De Jersey, P. (2010, May). Matters of interest to the Courts and to the profession.North Queensland Law Association Conference 2010. Giddings, J., Hook, B., & Nielsen, J. (2001). Legal services in rural communities: Issues for clients and lawyers. Alternative Law Journal,26(2), 57-63. Landon, D. (1992). Law careers and community context: A comparison of rural and urban experience. Great Plains Research: A Journal of Natural and Social Sciences, Paper 49, 67-96. Reid, J., Green, B., Cooper, M., Hastings, W., Lock, G., & White, S. (2010). Regenerating rural social space? Teacher education for rural-regional sustainability.Australian Journal of Education, 54(3), 262-276. Silver, M.A. (2006). The professional responsibility of lawyers: emotional competence, multiculturalism and ethics.  Journal of Law and Medicine,13(4), 431. The Senate Legal and Constitutional Affairs References Committee.(2009). Access to justice. Read More