Introduction

LEGAL ETHICS is a branch of moral science, which treats of the duties which an

attorney owes to the court, to the client, to his colleagues in the profession and to the public

as embodied in the Constitution, Rules of Court, the Code of Professional Responsibility,

Canons of Professional Ethics, jurisprudence, moral laws and special laws.

Before one can be considered as a lawyer and be allowed to practice law, certain

responsibilities are already required to be practiced, to ensure that one is free from moral

fault. This responsibility is not cast off after being a lawyer. Being accepted to the practice of

law entails a lot of responsibilities. The Code of Professional Responsibilities divided this into

four, a lawyers duty to the Court, to his fellow Lawyers, to his Client, and to Society in

general. One must therefore remain vigilant so as to avoid violating any rules and so as to be

able to keep up with the responsibilities that are expected from lawyers. These

responsibilities, according to the Code of Professional responsibility, are limited to lawyers

and those who are in the legal profession and specifically apply to the practice of law. It is

therefore important to know what the practice of law is in the first place. A person is

considered to be in the practice of law when he or she for valuable consideration engages in

the business of advising person, firms, associations or corporations as to their rights under

the law, or appears in a representative capacity as an advocate in proceedings pending or

prospective, before any court, commissioner, referee, board, body, committee, or commission

constituted by law or authorized to settle controversies and there, in such representative

capacity performs any act or acts for the purpose of obtaining or defending the rights of their

clients under the law. Otherwise stated, one who, in a representative capacity, engages in the

business of advising clients as to their rights under the law, or while so engaged performs any

act or acts either in court or outside of court for that purpose, is engaged in the practice of
law. (State ex. rel. Mckittrick v..C.S. Dudley and Co., 102 S.W. 2d 895, 340 Mo. 852)