Archive for the ‘ Advocacy Education ’ Category

Duties of a Bankruptcy Lawyer

Filing a petition for bankruptcy is usually the last resort of anyone. During the difficult economic situations, it becomes tough to pay back the debts. There are many debt relief options that are available and an individual can opt for any one of them to shed off his debts.

Bankruptcy is a legal procedure of relieving debts. By filing a bankruptcy petition, an individual declares his inability to pay off his debts. It is a process in which a debtor can choose to pay his debts, completely or partially, depending on his situation and the bankruptcy option he is opting for.

Filing a bankruptcy can be a tedious process, involving lots of complexities. It is not an easy task for a common man to understand such complexities of the legal procedures. It is advisable to hire a bankruptcy lawyer to get assistance on a particular case.

A bankruptcy lawyer usually needs to follow these duties:

1.  Professional responsibility

An attorney has some ethical duties towards his job. He has to make sure that his client gets a fair treatment during the legal procedures. This is the foremost duty of a licensed lawyer.

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Lawyers and The New Zealand Law Society

The history of civilised human society is in many ways the history of law where the foundations of modern law were laid in the age of enlightenment and inspired by Roman law. Theoretically, it was a gathering of ideas, values and systems which provided the framework of morale and enforceable codes of behaviour for society to adhere to. Today, law is defined as the set of rules and guidelines which are enforced by a variety of institutions authorised to do so. It provides the written mediator of society, embedding what is expected of people and their behaviour. In the present, the system of law is now divided into numerous sub groups including criminal, civil, property, trust and administrative law, among others.

Lawyers are highly trained individuals who are charged with the responsibility of interpreting the law and presenting cases in front of courts who have jurisdiction to hear and judge on such cases. In New Zealand, the term lawyer refers to both barristers and solicitors, their main roles include presenting oral arguments in courts, researching and drafting court papers, providing written and oral advocacy in administrative hearings, counselling, legal advice, drafting and negotiating contracts, conveyancing, carrying out the intent of the deceased as well as prosecuting and defending criminal suspects.

The behaviour, code of practice and behaviour are regulated by the Ministry of Justice, as well as supervising the admission, licensing and regulation of lawyers. The institutions also empower professional associations, such as law societies, who are given powers to administer the behaviour and conduct of lawyers. The New Zealand Law Society, formed in 1869 under statute, regulates lawyers within the country; although membership is voluntary. The purpose of the Law Society, as well as upholding the code of conduct, is to assist and promote the reformation of New Zealand law. The regulatory activities of the body includes issuing practice certificates to lawyers and maintaining the register of lawyers, creating and enforcing practice rules, managing a complaints service directed against lawyers, as well as operating a financial assurance scheme and fidelity fund.

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