topic 1.pptx

LEGAL ETHICS ETHC 351 topic 1 Prepared by Dr. Mahanoon Yusoff INTRODUCTION  Lawyers are essential for the appreciation and application of the rule of law in all societies all over the world.  Lawyers advocate for the advancement of human rights, protect the rights of their clients, and foster the...

LEGAL ETHICS ETHC 351 topic 1 Prepared by Dr. Mahanoon Yusoff INTRODUCTION  Lawyers are essential for the appreciation and application of the rule of law in all societies all over the world.  Lawyers advocate for the advancement of human rights, protect the rights of their clients, and foster the administration of justice.  In order to carry out these critical tasks, lawyers must “at all times act freely and diligently in accordance with the law and recognized standards and ethics of the legal profession. Meaning of Ethics  Ethic, as a noun, is a system of moral principles.  As a verb, ethics are the rules of conduct recognized in respect to a particular class of human actions or a particular group, profession, culture, etc.; examples, the ethics of a medical profession, of a legal profession or of a culture.  Ethics can also be defined as principles and values, which together with rules of conduct and laws, that regulate a profession, such as the legal profession.  One generally accepted definition of the word “ethical” is that it pertains to right and wrong and good and bad in conduct. Meaning of Legal Ethics  Legal ethics is the minimum standard of appropriate conduct within the legal profession.  It is the behavioral norms and morals which govern judges and lawyers. It is the principles of morality that should govern the conduct of every member of the bar.  It involves duties that the members owe one another, their clients, and the courts.  Compliance with relevant rules is necessary to prevent wrongdoing.  “Legal ethics,” is also known as “professional responsibility”.  It is the set of standards of minimally accepted conduct required of a lawyer. These standards comprise of ethical principles and duties that members of the legal profession “owe to one another, their clients, and to the courts.  The ethical standards regulating the legal profession are codified in codes of conduct, regulations, guidelines, procedural rules, and legislation.  The the core principles that guide the legal profession worldwide; independence, honesty, integrity, loyalty, confidentiality, fair treatment, diligence, candor, and competence.  These core principles are shared across all legal systems, however, a lawyer’s interpretation and understanding of them is shaped and understood by the legal system in which he or she operates.  Professional legal ethics is … subjective and contextual, because the legal profession and the practice of law are necessarily defined in large part by the specific culture of which they are a product.  What is ethical for a lawyer in one jurisdiction may be considered unethical or even illegal in another.  Legal ethics develop alongside with the development of the legal profession itself.  Practitioners of law emerged when legal systems became too complex to be fully understand and applied by the common people. Certain individuals mastered the law and offered their skills for hire.  No prescribed qualifications existed, and these specialists were not subject to legal controls.  They were incompetent, unscrupulous, and dishonest and charged exorbitant fees.  They failed to perform as promised, and engaged in delaying and obstructive tactics in the tribunals before which they appeared.  Actions had to be taken to prevent such abuses. The courts and government took measures to pass legislations and regulations to prevent the widespread of the abuse abuses.  The right to practice law came to be limited to those who met prescribed qualifications. Expulsion from practice and criminal penalties were introduced for various types of misconduct.  These measures not only stopped the abuse but also gave recognition to the social importance of the functions performed by lawyers and identified those who were qualified to perform them.  A consciousness developed within the profession of the need for standards of conduct. This became the core of legal, or professional, ethics. Importance of Ethics for Lawyers  Uphold the rule of law and access to justice  Maintaining the reputation of the legal profession  Accountability 1. Uphold the rule of law and access to justice  “….. An independent legal profession is integral to upholding the rule of law. Whereas adequate protection of human rights and fundamental freedoms to which all persons are entitled be they economic, social and cultural, or civil and political, requires that all persons have effective access to legal services provided by an independent legal profession.”  Preamble to the UN Basic Principles on the Roles of Lawyers.  If lawyers do not adhere to, and promote, principles of justice, fairness and equity, the law itself is brought into disrepute and public confidence in the law will be undermined, thereby hindering access to justice.  Therefore, the legal profession has a huge responsibility within society as upholders of the rule of law, and protectors of individual rights against abuses of power. 2. Maintaining the reputation of the legal profession  “Lawyers shall at all times maintain the honour and dignity of their profession as essential agents of the administration of justice.”  Principle 12 of the UN Basic Principles on the Roles of Lawyers.  A profession’s collective reputation is crucial to the confidence it inspires.  The reputation of the legal profession is linked to how the public views the administration of justice. Where there is no public confidence in the legal profession, trust in the justice system itself is undermined. Accountability  If ethical standards exist and clearly define the duties of lawyers, they can be brought to account where they fall short of these standards.  In order to achieve accountability, it is also important to ensure that rules of ethics, once developed, are publicised amongst the legal profession and the public.  To ensure that ethics are enforceable, the legal profession should also put in place effective disciplinary procedures. Role of Law in Society  Every nation in the world has different beliefs and cultures and their laws reflect these beliefs and cultures.  The primary roles of law in society: - to provide protection to society from harm  - to ensure common good  - to settle disputes,  - to encourage society to do good and right thing,  - to establish a standard behavior, and  - to protect the rights and liberties of individuals. Relationship between Law, Morality and Ethics  Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior.  Morality deals with the degree of rightness and wrongness of an act. It is considered as the underlying force affecting the legal system in each country.  Ethics are rules of conduct recognized in respect to a particular class of human actions or a particular group, profession & culture.  Morality differs from time to time and from place to place.  What is immoral at one time can be accepted as moral in another time. Example, homosexuality.  What is immoral in country A can be morally right in country B. Example, gay marriages.  If it is morally right and is accepted by society, is this right protected by law?  Does law enforce morality and vice-versa?  Sometimes law enforces morality. This is when an immoral act is also considered as a crime or a wrong.  When the law punishes the crimes of murder, theft, fraud, causing hurt, corruption, etc, the law enforces morality. Such acts are not just crimes but also an immoral act.  Morality serves as the basis or jurisdiction of law and it facilitates obedience to the law by cultivating good habits and conduct.  At other times, law does not enforce morality, for example, one is in the habit of telling lies. This is an immoral act but it is not a crime.  However, if the lying is done by a witness in testifying in court, it is a crime.  Laws can state what acts count as wrong and therefore punishable.  It govern conduct at least partly through fear of punishment and morality governs conduct without compulsion.  The virtuous person does the appropriate thing because it is the fine or noble thing to do.  Law can be a public expression of morality which codifies in a public way the basic principles of conduct which a society accepts