it might be said:
I INTRODUCTION
The requirements for admission to practice as a solicitor by the Legal Professions Admission Board in New South Wales are: education and for the person to be a ‘fit and proper person’. The latter requirement is the one that will be of most interest in this reflection and it will also be looked at in reference to the underlying criterion of ‘good fame and character’.
The topics covered in Weeks 7-12 both in tutorials and online continually redefined what legal ethics is. However, the Week 8 tutorial exercise relating to Spaulding v Zimmerman, really helped me come to an understanding of what legal ethics is or perhaps more pertinently what it should be in terms of the morality of lawyers.
II DISCUSSION
When looking at the works of different legal ethicists there are a variety of perspectives presented on whether the concern of legal ethics is the morality of lawyers, the morality of clients or the morality of law, with some arguing that it is concerned with all three. The content of this course has focused primarily on the morality of lawyers and this was the concept that I struggled with most.
The traditional approach to lawyering is adversarial advocacy which requires lawyers to suspend their moral judgement and use zealous tactics to advocate their client’s interests as vigorously as possible. Whilst trying to navigate complex hypothetical moral dilemmas, I found myself constantly reflecting back on the famous question posed by
Bok analyzes the effects that lying has upon the society and individuals. In chapter XI, which deals most directly with lawyers, she sited the code of professional responsibility in support of this statement, “in the adversary system of justice,” truth is held to be more likely to emerges as a result of the contest between opposing forces is the accused is both defended and prosecuted “zealously with the bounds of the law.” In other words, Bok shows the social practice of truth telling to have great value both generally and personally when dealing with clients, when you are a lawyer.
Criticisms of lawyers are the topic in Richard A. Wasserstrom's article "Lawyers as Professionals: Some Moral Issues." Wasserstrom broke this topic into two main areas of discussion. The first suggests that lawyers operate with essentially no regard for any negative impact of their efforts on the world at large. Analysis of the relationship that exists between the lawyer and their client was the second topic of discussion. "Here the charge is that it is the lawyer-client relationship which is morally objectionable because it is a relationship which the lawyer dominates and in which the lawyer typically, and perhaps inevitably, treats the client in both an
In “No Crueler Tyrannies”, Dorothy Rabinowitz rightly criticizes the lawyers taking part in the prosecution; the nature of these criticisms includes the prosecution’s ultimatum stance on seeking finality over justice, their subjective reactions to the Moral Panic of the time, and the mere lack of physical evidence used in trial.
The Commonwealth of Virginia v. Allen (609 S.E.2d 4, Va. 2005) was a fascinating case. The case focused on two expert witness testifying for the state and the other for the defendant, and if they acted and behaved ethically during the proceedings. Successive information will be addressed to prove the thought process behind my opinion given in this case. The APA code of ethics and specialty guidelines will be used to support my reasoning. Furthermore, they will serve as a baseline of boundaries within the profession to determine the expert witness’ influences to the case as well as their behavior within the profession.
The relationship among ethics and professional behavior in the direction of criminal justice is one, which is very vital. The point of the matter is that these individuals who are in places of power entails that he or she must equalize a balanced of business professionalism in accordance with the laws alongside a code of ethics that live inside and for the law along with their individual private morals and ethics. Numerous could dispute the battle among the ethics of a lawyer on behalf of somebody that they know to be guilty and they would have a usable disagreement in regard to what way ethical it is. A lawyer has the decision to not defend an individual if they feel so motivated to do so. Still, in this state one has rules in one’s laws that
1 McAliley v. McAliley, 704 So. 2d 611 - Fla: Dist. Court of Appeals, 4th Dist. (1997). Retrieved fromhttps://scholar.google.com/scholar_case?case=6943653462044241336&q=related:uO2O4AjQXGAJ:scholar.google.com/&hl=en&as_sdt=6,47&as_vis=1
As a child, I understood the commitment it takes to work in a professional environment. The ABA rules, as a lawyer is a firm commitment as a professional. The rules of ethics are a professional commitment that not only supports civility in judicial advocacy but civility in surrounding communities. Just as the child I once believed in a certain professional commitment, lawyers must instill those same values and positive in the next generation. When an attorney takes a solemn oath lawyers become role models. Lawyers become examples to communities in the state and become leaders to the people who sometimes cannot defend themselves. Ethics rules give attorneys an opportunity to become bridge builders to the youth. It
Polly Paralegal finds himself in an ethical dilemma when Mr. Stan Smith asks him “Do the grounds for divorce in North Carolina include adultery?” A day later, the wife of Stan Smith asks if she has grounds for divorce in the same state because her husband has committed adultery. If Polly Paralegal answers that question for either one of his friends he will be committing UPL or Unauthorized Practice of Law. The consequences for UPL can be devastating to a paralegal and the entire law office that the paralegal that is employed by.
I had never before considered the ethics behind lawyers, doctors and other similar professions. The first example given is about a guy confessing to his friend that he murdered someone and where the body was located. It was pointed out that there is a moral ideal that friends do not snitch on friends, but on the flip side there is an ethical pet where the friends must call the cops because they cannot condone murder. The second scenario given is about a guy confessing of murder to his lawyer. In this situation the lawyer cannot go to the police even though it is ethically right. If the lawyer were to go to the police and tell him what he knew he would be disbarred. There is a contract between client and lawyer for confidentiality and if this is broken, than the lawyer can no longer be trusted. This brings up a lot of issues about morals versus ethics and what should be done in different scenarios. Later it goes into research and how that is one area where many professionals are not checked at. This can lead to too much power with no one stopping and seeing if it is
On my visit to the Kingsford Legal Centre (KLC) I was firstly challenged to remain professional by a conflict of my morals and my ethical obligations. Client 1 was seeking advice on his charge regarding drink driving, which I find morally wrong. In hindsight, I can see that between getting my brief and meeting Client 1, I applied Parker and Evan’s three stages of ethical decision making to this conflict (2014: 16). I had to become aware of what Foster refers to as ‘subjective bias’ created through socialization, and use critical thinking to recognize that I was judging the client through my preconceived values (2003: 34). I could then apply my personal morals which obligate me to be respectful of those I am providing service for, and the Australian
In Legal Profession Complaints Committee v Amsden (“the decision”), the Tribunal made findings of professional misconduct against Ms Amsden. Subsequently, they determined that the appropriate disciplinary consequence of was a public reprimand, an order to pay a fine of $5,000, and an order to pay the full costs of the Committee. This paper will outline the legislative and theoretical foundations of legal practitioners’ professional ethics in Western Australia in conjunction with an exploration of the justifications for disciplining legal practitioners. Subsequently, there will be analysis of the Tribunal’s reasons for their findings of professional misconduct against Ms Amsden and the effectiveness of the penalties imposed in achieving the underlying purposes of the system of legal ethics in WA. Particular emphasis will be placed upon Ms Amsden’s conduct in relation to ‘bringing the legal profession into disrepute’; this will necessitate an examination of the concept of law as a profession and its wider role in society.
Within the book, Dershowitz poses the question of whether prosecutors and defense attorneys are advocates for justice, or only for their clients. The reason for lawyers choosing a client can
This week’s Discussion topic is BYP7-7, Ethics Case, on page 330 of your textbook which reads as follows:
The main argument introduced in the debate considers whether a practicing solicitor can adhere to the traditional values of moral and ethical integrity that have been reinforced through a set of principles such as the Solicitors Regulation Authority Code of Conduct (SRA). The latter consists of ten mandatory principles that are the professional requirements expected of any solicitor. Traditionally, ethical and moral truthfulness have formed the basis of a competent lawyer and thus when adhering to the traditional principles placed upon lawyers, a lawyer was thought to abide to moral standards. I will aim to tackle the debate by arguing that the SRA provides a framework that allows lawyers to be good people. Secondly, I will also be discussing a lawyer’s moral responsibility. and that whilst ‘The lawyer is conventionally seen as a professional devoted to his client’s interest and…required, to do some things for that client which he would not do for himself’ his moral responsibility must not violate the SRA Code of conduct. Finally, it is imperative to explore the ethical dilemmas solicitors face when attempting to make their clients’ interests their own.
Question #9. What is the ethical obligation of a litigation support staff member to the client? To the court? Of a litigation support person from outside firm or consultant?