The law is designed to protect society by providing for behavioural guidelines to guide the actions of people in the course of their work and lives. The social perspectives of the law, therefore, is an interesting topic to consider as it will clarify just how effectively the law is able to fulfil its main objective. It is important to consider such point of view in the study of the law to ensure that the well-being of the society is the main basis of its interpretation . One of the main objectives is to be able to set the application of the law to pragmatic use in the society.
There are different functions and fields in terms of the application of law but what is most interesting, and perhaps recognisable, to society as a whole is the criminal and civil litigation. The primary foci of attention in trials are the client and the lawyer. It would perhaps be reasonable to conclude that the relationship between the client and the lawyer, the level of professionalism and the type and amount of information exchanged in the course of the legal process would be of paramount importance when it comes to the courtroom. Objectives of the Study
The paper aims to investigate the legal and social context of lawyer-client privilege, the disclosure of information obtained within the context of this relationship, and the ethical considerations that affect decisions to disclose privileged information. The responsibility of professional conduct is scrutinised as it specifically applies to trial and court lawyers, and not the whole of the legal profession. The circumstances are also covered by the law and precedents as a point of reference for such coverage or lack thereof, specifically the ethical concerns related to competitive strategy of samsung.
The main objective is mainly focused on the ethical constraints that dictate the breadth and scope of the issue of disclosure. The research is undertaken through the determination of the basic interaction of the two elements, the client and the lawyer. Subsequent to the said step is the main issue being addressed by the research, that are the conditions covered in cases of legal necessity of revealing the information given by the client to the lawyer in confidence with no intention of self-implication in cases where the information is prejudicial to the client’s interests.
Review of Related Literature The law is a complicated field of practice because it touches on social issues that are not always possible to generalise. It is rendered even more complex because the application of the directives and instructions of the law is often vulnerable to interpretation, and subject to changes of thought and belief systems. Moreover, sociological issues often come into play, and in very few cases can the human element of the legal process be ignored.
Human interaction being what it is, whether in personal, corporate or legal scenarios, it is difficult to avoid the many moral pitfalls in the attempt to judge human behaviour. The law attempts to provide for protection of all members of the society; in other words, the law is designed to protect both sides of the litigation process. It is usually difficult to accept that there is protection for both victim and alleged perpetrator, but the interest of the legal process is to ensure that both sides are fairly represented. This representation applies to all facets of the legal process, from investigation, to consultation and to litigation.
