Ethical Theories Of The Professional Responsibilities Of A Lawyer Essay

1901 Words8 Pages
This paper will examine a number of ethical theories with the aim of determining which theory is most consistent with the professional responsibilities of a lawyer. The four major ethical theories that will be focussed on are the adversarial advocate, the responsible lawyer, the moral activist and ethics of care. These ethical theories all have a different focus and are defined by the emphasis they play on certain values and approaches in carrying out the role of the lawyer. Ethics are the bedrock on which the legal system is based and therefore it is important to look at what different approaches there are to ethics in relation to the role of the lawyer. In reality no one approach is likely in fact more consistent and it is likely that a combination of different ethical approaches would provide the best reflection of the role of the lawyer. If one were to be singled out however it could be argued that the responsible lawyer approach may be the most accurate. (????? Why)

I. What are the professional responsibilities of the lawyer?
Competing factors of legalism as professional responsibility being a branch of law versus social ethics

II. Adversarial advocate
Adversarial advocacy has been described as the predominant conception of what lawyers’ role and ethics should be in most common law countries. The popularity of this approach is likely due to its simplistic nature and the fact that it rarely results in ambiguities in relation to what a lawyer should do in a
Open Document