Defining Loyalty Is Not Easy

Defining loyalty is not easy

Introduction

Defining loyalty is not easy, starting with its definition in a negative sense, we can say that loyalty is not simply to comply with what the different normative codes or even codes of conduct require, because, for example, by the fact of notstealing does not imply that you are already a loyal person. It is not what we mean when we talk about loyalty.

Developing

The loyalty principle is a principle that is closely related to the principle of independence, integrity and professional secrecy. We can say that they are so related that, sometimes, we can confuse them among them. And it is a very difficult concept to develop. We could say that professional loyalty is to comply with what the laws demand, but with fidelity, commitment, respect and honor. As we see, we talk about a slightly abstract concept, but, I consider that the best way to see it is in relation to the spheres in which this concept affects. Specific:

• Loyalty in the lawyer’s relationship with the client.
• Loyalty with the rest of the professional group.
• Loyalty with society.

Loyalty with the client: conflicts of interest

As we know, the lawyer’s relationship with his client is strictly personal. What is this about? The client when he has a legal problem goes to a professional, in this case, he goes to the lawyer, depositing in him his confidence to solve what worries him. In this way, an obligation to loyalty to the interests of this client arises for the lawyer.

This loyalty is linked to a duty of fidelity, veracity and transparency in relations with your client, and avoiding a conflict of interest.

Conflict of interest

We talk about conflict of interest when the lawyer provides that he will not be able to fulfill the duty of loyalty towards his client. This conflict can be manifested in the following ways: that it cannot be possible to advise, or cannot represent the interests of that person or entity because there have been an obligation to advise or defend, either at that same time, or previously, toOther clients with conflicting interests.

conclusion

As we have said before, the client goes to the lawyer depositing his trust in him, that is, he goes with the assurance that he will act with honesty, independence, loyally and knowing that the information he will grant him will be treated with characterconfidential. Therefore, if the lawyer represents a client and, at the same time, the opposite part, or several clients with different interests, or acting with personal interests that will lead to conflicts with the interests of the client, it is clear thatThe concept of loyalty that we talked above will not be fulfilled, it will not be possible.

In short, it will be the circumstances of each specific case, which determine whether we are facing a conflict of interest or not.