Discuss the view that “legal ethics is an oxymoron”.
For some time now, legal ethics has been the subject of intense debate. Lay people
and lawyers have mixed views and feelings towards it. Whilst some have
complimented it, others have criticised it and stated that “legal ethics is an
oxymoron”.1 In order to examine this proposition, it will be necessary to explore what
is legal ethics so that the issues attached to it can be analysed which will then
enable us to consider the key qualities of the “best lawyer”. 2
The term ‘legal ethics’ can be described as an oxymoron or contradiction in terms,
because when the two words are combined together, it appears to contradict one
another.3 To some extent this is true because barristers have to abide by the Bar
Standards Board’s Code of Conduct and solicitors have to abide by the Solicitors
Regulation Authority’s Code of Conduct where they are “expected to act in a
generally ethical way”.4 By this, it suggests that a lawyer may have to “take on a
client who might be regarded as an immoral person or who wishes to implicate the
lawyer in a scheme that the lawyer considers immoral or improper”. 5 This is only just
one example of the ethical dilemmas that a lawyer has to deal with; there are many
others, but it illustrates how “codified ethics anesthetises moral conscience”. 6 If the
Codes of Conduct did not exist, lawyers would only have to consider their own
personal values and morals, which will mean that there is a high probability that
lawyers would refuse to represent a client if they disliked his or her character or if
they “personally feel that a client is guilty”.7
It has been suggested that lay people find the concept of legal ethics amusing. Some
would argue that the reason why they find it amusing is because in their eyes,
lawyers are not always acting ethically. An example whereby it appears to the lay
1
Fact Expert [2005] Legal Ethics: Not an Oxymoron http://legal.factexpert.com/484-legal-ethics.php (accessed on 7
November 2007)
2
Parker, C and Evans, A. Inside Lawyers’ Ethics 1st edition (Cambridge: Cambridge University Press, 2007)
3
Cambridge Dictionaries Online [2007] http://dictionary.cambridge.org/define.asp?key=56863&dict=CALD (accessed on 7
November 2007)
4
Blake, S. A Practical Approach to Legal Advice & Drafting 5th edition (London: Blackstone Press, 1997) p.12
5
Boon, A and Levin, J. The Ethics and Conduct of Lawyers in England and Wales (Oxford: Hart Publishing, 1999) p.180 -
181
6
Maughan, C and Webb, J. Lawyering Skills and the Legal Process 2nd edition (Cambridge: Cambridge University Press,
2005) p.201
7
Blake, S. A Practical Approach to Legal Advice & Drafting 5th edition (London: Blackstone Press, 1997) p.12
For some time now, legal ethics has been the subject of intense debate. Lay people
and lawyers have mixed views and feelings towards it. Whilst some have
complimented it, others have criticised it and stated that “legal ethics is an
oxymoron”.1 In order to examine this proposition, it will be necessary to explore what
is legal ethics so that the issues attached to it can be analysed which will then
enable us to consider the key qualities of the “best lawyer”. 2
The term ‘legal ethics’ can be described as an oxymoron or contradiction in terms,
because when the two words are combined together, it appears to contradict one
another.3 To some extent this is true because barristers have to abide by the Bar
Standards Board’s Code of Conduct and solicitors have to abide by the Solicitors
Regulation Authority’s Code of Conduct where they are “expected to act in a
generally ethical way”.4 By this, it suggests that a lawyer may have to “take on a
client who might be regarded as an immoral person or who wishes to implicate the
lawyer in a scheme that the lawyer considers immoral or improper”. 5 This is only just
one example of the ethical dilemmas that a lawyer has to deal with; there are many
others, but it illustrates how “codified ethics anesthetises moral conscience”. 6 If the
Codes of Conduct did not exist, lawyers would only have to consider their own
personal values and morals, which will mean that there is a high probability that
lawyers would refuse to represent a client if they disliked his or her character or if
they “personally feel that a client is guilty”.7
It has been suggested that lay people find the concept of legal ethics amusing. Some
would argue that the reason why they find it amusing is because in their eyes,
lawyers are not always acting ethically. An example whereby it appears to the lay
1
Fact Expert [2005] Legal Ethics: Not an Oxymoron http://legal.factexpert.com/484-legal-ethics.php (accessed on 7
November 2007)
2
Parker, C and Evans, A. Inside Lawyers’ Ethics 1st edition (Cambridge: Cambridge University Press, 2007)
3
Cambridge Dictionaries Online [2007] http://dictionary.cambridge.org/define.asp?key=56863&dict=CALD (accessed on 7
November 2007)
4
Blake, S. A Practical Approach to Legal Advice & Drafting 5th edition (London: Blackstone Press, 1997) p.12
5
Boon, A and Levin, J. The Ethics and Conduct of Lawyers in England and Wales (Oxford: Hart Publishing, 1999) p.180 -
181
6
Maughan, C and Webb, J. Lawyering Skills and the Legal Process 2nd edition (Cambridge: Cambridge University Press,
2005) p.201
7
Blake, S. A Practical Approach to Legal Advice & Drafting 5th edition (London: Blackstone Press, 1997) p.12
