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LEGAL ETHICS & JURISPRUDENCE – QUESTIONS AND
ANSWERS
Code of Legal Ethics
Q: What are the functions of a Code of Legal Ethics?
A:
• Protect the professional nature of legal services
• Emphasize service to justice and the public
• Correct imbalance between lawyer and client
• Maintain public confidence in the legal profession
• Protect the public from incompetence or improper conduct
• Prescribe standards of skill, learning, and conduct
• Guide practitioners in making morally responsible decisions
• Ensure fair competition among legal practitioners
• Discipline unprofessional behaviour
Adversarial Legal System
Q: What is the adversarial (accusatory) legal system?
A: A system where two opposing parties present their cases before an impartial judge.
Q: What are the key features of the adversarial system?
A:
• Two opposing parties (e.g. state vs accused)
• Judge acts as an impartial referee
• Legal representatives argue on behalf of clients
, • Judge applies the law objectively to the facts
• Lawyers focus on client interests, not justice
• Lawyers act as mouthpieces for clients
• Judge determines guilt or innocence
• Legal representatives are not impartial
Referral Rule
Q: What is the referral rule?
A: Advocates may not accept instructions directly from clients and must be briefed by attorneys.
Q: Why does the referral rule exist?
A:
• Protects the public
• Advocates do not hold trust accounts
• Ensures proper fee management
• Applies to all advocates
• Promotes effective court functioning
Postmodernism
Q: What characterizes postmodernism?
A:
• Rejection of universal moral truths
• Celebration of diversity and difference
• Rejection of absolutes and universals
• Acceptance of uncertainty and indeterminacy
Legal Fees