Be A Trustworthy Lawyer!

TRUSTWORTHINESS

by Miss P

“Prefer a loss to a dishonest gain; the one brings pain

at the moment, the other for all time.” - Chilon

Being Trustworthy

One of the core values that a lawyer needs to pack along in his suitcase of professional ethics is trustworthiness. Trustworthiness is a moral value considered to be a virtue. Being trustworthy means doing things or committing acts that will gain someone’s trust, confidence and respect in you. A trustworthy person is an honest, reliable and responsible person. Others will respect a trustworthy person more and want to continue relationships and dealings with such person.

An illustration of trust can be seen when you are on a trip, and you stop at a gas station to ask the attendant for directions. You trust that he will not purposely give the wrong directions. You also trust that he is competent and responsible in being able to give correct directions. If he says he has to go in the back to get a map and will return right away, you trust that he will do just that and not take off for lunch.

Why Lawyers Need To Be Trustworthy

People like to deal with those they can trust. Therefore, a lawyer must be trustworthy in order to gain trust from his or her clients, partners and judges. People will feel that they can count on you to handle important cases, and that you will not shirk from duties. If people have faith in you, they will automatically seek your counsel and decision-making skill when it comes to matters significant to them.

* The importance of being trustworthy is also stressed in the Malaysian Professional Legal Act 1976.

* Rule 8.4 clause (b) of the Minnesota Rules of the Professional Conduct states in part that “it is professional misconduct for a lawyer to commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects…”

When a lawyer declines being trustworthy, he is committing a professional misconduct and tarnishes the nobility of the legal profession along with his reputation.

What Lawyers Can Do To Gain Trust

· Meet commitments and deadlines. Allow enough time to get assignments and other commitments completed on time.

· Live up to the aspirations of the legal profession. Your behaviors should always measure up to the aspirations of the profession. Professional misconduct jeopardizes our ability to be self-regulating.

· Make your word your bond. Every day you are building the reputation that will stay with you throughout your career. Do what you say you are going to do. When promises are made, keep them. When you tell a client you’ll do something for them, stick to the end of the bargain.

· Protect Confidences. Recognize the conversations that you should not share with others. A casual social story may be a serious breach of confidence. You have both an ethical and legal obligation to protect your client’s confidences. Remind your peers when you hear disclosures that you think should be confidential.

· Candidly complete your applications. You place yourself in serious risk if you fail to be forthright and candid in your applications for employment and to the Bar.

Effects Of Not Being Trustworthy

If you are caught lying or deceiving people, they will consider you an untrustworthy character. It is then very easy for that bad reputation to spread. Once others consider a person as untrustworthy, they will tend to be cautious in dealing with that person or may avoid him or her altogether. Of course, who would entrust their funds to an untrustworthy lawyer?

Trustworthiness In Islam

Trustworthiness is a very important concept in Islam. Trustworthiness, as prescribed in the Quran and Sunnah denotes performing all obligations and responsibilities. Allah said in the Quran in Surah An Nisa, verse 58 which means:

“Verily Allah commands that you should render back the trusts to those , to whom they are due, and that when you judge between men, you judge them with justice. Verily how excellent is the teaching which Allah gives you. Truly Allah is Ever All-Hearer, All-Seer.”

Abu Hurairah (radhiallahu anhu) narrated that Allah’s Messenger (sallallâhu ‘alayhi wasallam) said:

“A Muslim is one from whose tongue and hand the Muslims are safe and a believer is one in whom people place their trust in regard to their life and wealth.” (Tirmidhi 33 and Nasa'i)

Prophet Muhammad (sallallâhu ‘alayhi wasallam) said in a hadith by Ahmad:

“And there is no faith in him (somebody) who is not trustworthy.”

Without trustworthiness, or amanah, there can be no justice in the society.