LJU4802
MAY/JUNE 2022
PORTFOLIO
Duration 23 May 2022 to 10h00 on 25 May 2022
Written by
Camecia Cass
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1
, LJU4802 Portfolio May/June 2022
QUESTION 1: THE LEGAL PROFESSION
1.1 Define the term “legal ethics” in a narrow and broader sense. (5)
The phrase "legal ethics" has two distinct meanings i.e. narrow and broad
meanings. Narrowly it refers to "...ethical standards of professional conduct
applicable to the field of law “(UNISA, 2022, p.8) the set of professional
regulations controlling the conduct of lawyers". 1 (In contrast, in the field of
medicine, we would use the term "medical ethics" to refer to the professional
conduct expected of medical practitioners.) 2 In a broad sense however, legal
ethics encompasses more than just the rules and regulations of the legal
profession, since it also refers to the profession's "moral values." As a result, legal
ethics is a unique and specific instance of ethics in general. 3
1.2 Read the following statement and answer the question that follows:
“To regard lawyers as no more than businessmen [or -women] would mean that
the idea of the law and the objectives of justice, such as fair trade and equal
distribution of privileges and responsibilities relating to property, liberty and life,
would be thwarted. Only the most profitable cases would then be accepted by
practitioners, and only the rights and privileges of those able to pay the high fees
of legal services would be protected.”
In view of the above quotation, explain how the legal profession is different from a
normal job, business or trade, by referring to any 5 characteristics of a
“profession”.
(5)
The idea of the law and the aims of justice, such as the fair and equal distribution
of privileges and obligations relating to property, liberty, and life, would be
1
Garner Black's Law Dictionary 913 quoting Rhode and Luban Legal Ethics.
2
Tutorial Letter 501 for LJU4802, Professional Ethics (University of South Africa Pretoria
2022) 8.
3
Garner Black's Law Dictionary 913 quoting Rhode and Luban Legal Ethics.
2