Legal Ethics And General Ethical Behaviour

1756 WordsFeb 16, 20178 Pages
Before answering the question, it would be vital to distinguish the difference between legal ethics and general ethical behaviour. Legal ethics can be defined as special responsibilities that lawyers recognised in which they should adapt to “higher” ethical standards than laypersons whereas general ethical behaviour can de described as rules of conduct that demonstrates how our society are expected to behave and act as guiding principles behind creation of laws. The question of whether a behaviour can be both ‘legal’ and ‘ethical’ at the same time, can be a confusing question to both lawyers and law students. Something may be ethical but not legally required by the law while an act could be unlawful even though it may seemed to be ethical.…show more content…
Viewing from the deontology perspective under general ethics, it would not be ethical as it would be wrong to represent someone who is guilty of their crime. Deontological ethics means following certain moral rules that are good, despite considering the consequences that would happen after. In other words, it is about doing the right thing because it is the right thing to do and to avoid wrong things because they are wrong. Even though it would be unethical to represent the client, she would have to represent the client under cab rank rule in legal ethics. However, according to Bar Code, para 602, a self employed barrister must comply with ‘Cab-rank rule’. The justification for ‘Cab-rank rule’ is so that unpopular clients could have a representation of a lawyer, therefore, ensuring everyone is equal before the law and entitled to representation of their choice. It can be seen that general ethical behaviour and legal ethics in this context would be vastly different as it produces different outcomes. Nonetheless, there are some circumstances when cab rank rule does not apply which are listed under c30 Bar Standard Boards Handbook 2014. For example, if a barrister lacks experience or competence to handle the case, cab rank rule would not apply in this situation. It can thus be suggested that when a barrister is viewing under a deontological perspective, it is arguably that he would not represent the client as it is not fair to kill a toddler for
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