PROFESSIONAL
ETHICS
LJU4802
, Questions and Answers 2009-2014 (May/June)
What is ethics? [3]
Ethics is about what we ought and ought not to do, but it is also about setting priorities in
human behaviour. Ethics is not always about what is absolutely right or wrong, acceptable or
unacceptable, ideal or less ideal. It is also about what is the best decision in particular
circumstances, what is the lesser of two evils, what is the balance between doing good and
causing harm. Ethics is therefore about working out the principles on which we make these
sorts of decisions.
What is the meaning of “legal ethics” [5]
“Legal ethics” can be understood in a wide and a narrow sense. In the wide sense, it refers in
general to the relationship between law and ethics (or morality). For example, may the law be
used to enforce moral views on abortion, homosexuality, prostitution, or human cloning?
However, in the narrow sense, the term refers to the ethical standards of professional conduct
applicable to the field of law. Legal ethics in the narrow sense thus deals with the “oughts” of
providing legal services: “How ought a legal practitioner to behave in order to be a ‘good’,
‘decent’, and ‘proper’ legal practitioner?”
What according to you is the relation between ethics and a code of conduct? [3]
Ethical considerations guide a professional in specific situations. They set the standard of
conduct towards which all those in the profession should strive (eg “a practitioner must avoid
all conduct which, if known, could damage his or her reputation as an honourable lawyer and
honourable citizen”).
Clients are the basis of the legal profession. There is a difference between advocates
and attorneys where clients are concerned. Discuss the lawyer’s relationship with
clients and refer to:
1. The acceptance of a mandate from clients
2. The referral rule and its rationale
3. The need for a trust banking account
4. The duty of confidentiality owed to a client
5. Recourse for clients who are not satisfied with a legal practitioner’s work. [30]
Q&A by @yash0505
ETHICS
LJU4802
, Questions and Answers 2009-2014 (May/June)
What is ethics? [3]
Ethics is about what we ought and ought not to do, but it is also about setting priorities in
human behaviour. Ethics is not always about what is absolutely right or wrong, acceptable or
unacceptable, ideal or less ideal. It is also about what is the best decision in particular
circumstances, what is the lesser of two evils, what is the balance between doing good and
causing harm. Ethics is therefore about working out the principles on which we make these
sorts of decisions.
What is the meaning of “legal ethics” [5]
“Legal ethics” can be understood in a wide and a narrow sense. In the wide sense, it refers in
general to the relationship between law and ethics (or morality). For example, may the law be
used to enforce moral views on abortion, homosexuality, prostitution, or human cloning?
However, in the narrow sense, the term refers to the ethical standards of professional conduct
applicable to the field of law. Legal ethics in the narrow sense thus deals with the “oughts” of
providing legal services: “How ought a legal practitioner to behave in order to be a ‘good’,
‘decent’, and ‘proper’ legal practitioner?”
What according to you is the relation between ethics and a code of conduct? [3]
Ethical considerations guide a professional in specific situations. They set the standard of
conduct towards which all those in the profession should strive (eg “a practitioner must avoid
all conduct which, if known, could damage his or her reputation as an honourable lawyer and
honourable citizen”).
Clients are the basis of the legal profession. There is a difference between advocates
and attorneys where clients are concerned. Discuss the lawyer’s relationship with
clients and refer to:
1. The acceptance of a mandate from clients
2. The referral rule and its rationale
3. The need for a trust banking account
4. The duty of confidentiality owed to a client
5. Recourse for clients who are not satisfied with a legal practitioner’s work. [30]
Q&A by @yash0505
