LJU4802 FINAL EXAM PORTFOLIO
QUESTION 1: THE LEGAL PROFESSION
1.1. Legal ethics is a branch of ethics and ethics as such studies moral
discourse. Legal ethics can be understood in a wide and narrow sense.
The wide sense refers to the general relationship between law and ethics
(or morality), for example: the question that arises is whether the law can be
used to enforce moral views on aspects such as homosexuality, abortion,
prostitution or human cloning.
The narrow sense refers to the ethical standards of professional conduct
applicable to the field of law specifically, as opposed to medical ethics
which would refer to the professional conduct of a medical practitioner.
Thus, legal ethics in the narrow sense deals with the ought’s of providing
legal services, for example: the question arises as to how legal practitioners
should behave in order to be regarded as a decent and proper legal
practitioner.
In the legal practise the term “legal ethics” is understandable generally used
in its narrow sense which is subject to the professional conduct expected of
legal practitioners. Furthermore, ethics for legal practitioners are governed
by the Legal Practise Act.
1.2. Comprehensive codes of legal ethics were adopted in an attempt to
maintain the ethical basis of the legal profession. Generally, professional
ethics suggest a compilation of ethical values to provide legal practitioners
with an ethical framework. The general aims of the code are to:
Protect the professional nature of legal services by stressing the
obligation of professionals to serve justice and the public
Correct the imbalance in the relationship between the professional
and the client
Protect the public against improper conduct or incompetence by
prescribing and guaranteeing the standards of skill, learning, and
conduct required.
1.3. Terry is a candidate attorney which means that he already is in the legal
profession. The concerns that Terry may have deals with ‘insider criticism’.
Insider criticism deals with practitioners (Terry) who are suspicious of codes
of ethics and this suspicion concerns two different aspects, namely practical
and theoretical concerns.
With regard to the practical concern, they are suspicious of the codes
because they aren’t always enforced by law societies and those who don’t
comply with these codes are not always dealt with effectively. Due to this
concern the practitioners feel that the profession might as well abandon
them, or replace them with codes of business ethics. Others are afraid of
upholding ethical values and following the rules when their colleagues are
not, they fear that by trying to encourage their client to do the right thing,
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QUESTION 1: THE LEGAL PROFESSION
1.1. Legal ethics is a branch of ethics and ethics as such studies moral
discourse. Legal ethics can be understood in a wide and narrow sense.
The wide sense refers to the general relationship between law and ethics
(or morality), for example: the question that arises is whether the law can be
used to enforce moral views on aspects such as homosexuality, abortion,
prostitution or human cloning.
The narrow sense refers to the ethical standards of professional conduct
applicable to the field of law specifically, as opposed to medical ethics
which would refer to the professional conduct of a medical practitioner.
Thus, legal ethics in the narrow sense deals with the ought’s of providing
legal services, for example: the question arises as to how legal practitioners
should behave in order to be regarded as a decent and proper legal
practitioner.
In the legal practise the term “legal ethics” is understandable generally used
in its narrow sense which is subject to the professional conduct expected of
legal practitioners. Furthermore, ethics for legal practitioners are governed
by the Legal Practise Act.
1.2. Comprehensive codes of legal ethics were adopted in an attempt to
maintain the ethical basis of the legal profession. Generally, professional
ethics suggest a compilation of ethical values to provide legal practitioners
with an ethical framework. The general aims of the code are to:
Protect the professional nature of legal services by stressing the
obligation of professionals to serve justice and the public
Correct the imbalance in the relationship between the professional
and the client
Protect the public against improper conduct or incompetence by
prescribing and guaranteeing the standards of skill, learning, and
conduct required.
1.3. Terry is a candidate attorney which means that he already is in the legal
profession. The concerns that Terry may have deals with ‘insider criticism’.
Insider criticism deals with practitioners (Terry) who are suspicious of codes
of ethics and this suspicion concerns two different aspects, namely practical
and theoretical concerns.
With regard to the practical concern, they are suspicious of the codes
because they aren’t always enforced by law societies and those who don’t
comply with these codes are not always dealt with effectively. Due to this
concern the practitioners feel that the profession might as well abandon
them, or replace them with codes of business ethics. Others are afraid of
upholding ethical values and following the rules when their colleagues are
not, they fear that by trying to encourage their client to do the right thing,
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