Whistleblowing By Lawyers and Their Impact

The tension between professional duty and moral responsibility and its consequences forms the core research problem that this study aims to explore. It examines the complex relationship between the two as faced by lawyers particularly when there is a conflict between their duty of confidentiality and their moral responsibility to administer justice. The methodology used is based on an analytical and comparative approach drawn from legal articles, case studies as well as questionnaires. It addresses the main legal frameworks particularly the Whistle Blowers Protection Act, 2014 and landmark cases about attorney whistle-blowers. Historical developments have also been considered to get an idea of the recurring patterns and their evolution and indicate that the concept of whistle-blowing is not something new but has been in existence for a long time. The key findings suggest that whistle-blowing by lawyers is necessary for ensuring justice and preventing significant harm. It addresses the consequences like personal and professional risks, defamation as well as a negative impact on emotional well-being. It highlights the gaps that exist in the legal framework and what could be done to address the situation in an effective manner. The paper puts forward the arguments about how a lawyer who is considered to be the “gatekeeper of justice” may not blow the whistle because of the possibility of retaliation and the severity of the consequences of the situation. It discusses how and in what ways whistle-blowing can affect lawyers as well as the general public. It defines the relationship lawyers could have with wrongdoers and the strain it would cause as a result of whistle-blowing. It states the process of whistle blowing and suggests that it should only be used when there are no alternatives available to resolve the problem. The lawyers must have sufficient evidence as well as the knowledge necessary to wish to get involved in it. It also states what problems a lawyer can get into when the misconduct is not disclosed by him knowing well how it would cause public harm. It categorizes the different forms of illegal activities that could justify the use of whistle-blowing. A comparative analysis of whistle-blowing in different places has also been done in an effort to find a way out of the problem. The relevance of this study lies in its enlightenment about how moral obligation should be given more focus along with the legal duties. It determines the circumstances under which confidentiality may be breached for the greater good. It identifies the barriers that come along the journey of whistle-blowing and how to overcome them. The debates about the evolution of lawyers’ duties have been discussed along with the need to reform laws to provide a more transparent legal system to protect the whistle-blowers as well as maintain integrity of legal practice. The need to form an internal mechanism that deals with issues anonymously and in a quicker way has been emphasised. At the end, the paper gives suggestions on how to improve the system while guaranteeing that lawyers can act in an ethical manner without being subjected to unfair and excessive consequences for their actions and promoting administration of justice.