LJU4802 Q & A Legal Ethics.

STUDY UNIT 1 Define the term “legal ethics” “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? 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?” In legal practice the term “legal ethics” is, understandably generally used in this narrow sense. Explain how a profession differs from an ordinary job (10 marks). The word “profession” is derived from the Latin professio which means “a public statement” or “promise”. From this may be inferred that a legal professional (whether an attorney, advocate, judge, magistrate, public prosecutor or legal adviser) should be worthy of public trust, and you should carry out your professional duties with public-spiritedness and the highest standards of ethical conduct. 1. Professionals are required to have specialised intellectual knowledge and skills before they will be granted access to their chosen profession. This knowledge, which is not easily accessible to the lay person, puts the professional in a position of authority vis-à-vis the client. The client has no other option but to trust the professional and should therefore be able to rely on the last mentioned’s integrity