Continuing Legal Education: Rethinking Professional Ethics and Responsibility in India

2018 ◽  
Vol 5 (2) ◽  
pp. 152-168
Author(s):  
Prakash Sharma
Keyword(s):  
Professional Ethics ◽  
Legal Education ◽  
Legal Profession ◽  
Public Trust ◽  
Professional Responsibility ◽  
Ethical Standards ◽  
Professional Conduct ◽  
Legal Professionals ◽  
Law Commission

The declining standards in legal profession, coupled with loss of public trust and confidence, call for emphasis on a deeper understanding of professional ethics among lawyers and perhaps articulate a different notion of professional responsibility that extends beyond the standards of professional conduct and etiquette for lawyers. The 266th Report of Law Commission of India highlighted the need to structure legal education and to bring ethical standards in legal profession. In this regard, the article proposes to mandate continuing legal education (CLE) for legal professionals. The purpose of introduction of CLE programme is to emphasize upon the quality of advocacy. Further, it was to implement the concept of professional responsibility, which provides that a lawyer should represent a client competently. In this regard, CLE programme might help lawyers to re-inform, re-imagine and reconstruct the legal profession in India in ethical and responsible ways. This article discusses the considerations and the process that must led to the adoption of the CLE plan.

Legal Ethics in the American Practice of Law

2019 ◽  
pp. 196
Author(s):  
WILLIAM ELLIOTT BUTLER
Keyword(s):  
United States ◽  
Code Of Ethics ◽  
Legal Education ◽  
Legal Profession ◽  
Codes Of Ethics ◽  
The United States ◽  
Professional Responsibility ◽  
Professional Conduct ◽  
Legal Ethics ◽  
Bar Association

The author examines in this article the professional legal ethics in the United States, more commonly known as “professional responsibility”, as a subject to an unusual pattern of “codification”. Detailed rules historically originated with the legal profession itself, initially in legal doctrine and then a Code of Ethics published in 1887 by the Alabama State Bar Association. Whatever borrowing occurred among states when introducing their own “codes of ethics”, the Alabama model was drawn upon when, in 1908, the American Bar Association approved “32 Canons of Professional Ethics”. The sources of law regulating the professional conduct of lawyers in the United States are several. The legal ethics within state courts is regulated by the courts, the legislative (or parliamentary) organ, and the Bar of each state. Professional responsibility, in the spirit of David Hoffman, has become an integral part of legal education and licensing. Law students take a compulsory course in professional responsibility and are required to pass the Multistate Professional Responsibility Examination administered nationally in the United States by the National Conference of Bar Examiners. The author concludes, that legal ethics has been an integral part of American legal education since the early nineteenth century. In the twentieth century the legal profession itself introduced “private” canons of ethics which were then accepted by the highest courts in virtually all states as rules of professional conduct binding upon all members of the Bar. It remains a distinctive element of the American legal system that binding rules of professional conduct are formed mostly by the courts, and not by the legislature. These rules are initially “codified” by a voluntary non-State organization, adopted by the courts, and then applied by the courts in cases which ultimately become components of the law of precedent; that is, a separate and distinct source of law.

scholarly journals Regulating Lawyer Competence and Quality of Service

2008 ◽  
pp. 143
Author(s):  
Gavin MacKenzie
Keyword(s):  
Quality Of Service ◽  
Legal Education ◽  
Ethical Standards ◽  
Professional Conduct ◽  
Legal Practice ◽  
Canadian Law ◽  
Practice Review

Law societies serve two central roles: the regulation of ethical standards in legal practice and the enforcement of competent legal practice. Despite having these two functions, the focus of Canadian law societies has tended to centre on ethics, while the enforcement of competence has often been overlooked. The author examines various Canadian law societies’ rules of professional conduct. He then considers possible solutions to the problem of lawyer incompetence, including the implementation by law societies of programs directed towards prevention, such as continuing legal education and practice review programs, in order to ensure competent legal practice.

Establishment of Lawyers’ Academy to Promote Legal Education— The Need of the Day

2017 ◽  
Vol 4 (2) ◽  
pp. 176-181
Author(s):  
Madhubrata Mohanty
Keyword(s):  
Legal Education ◽  
Legal Profession ◽  
Poor Performance ◽  
High Time ◽  
Indian Culture ◽  
Legal Professionals ◽  
Foreign Countries ◽  
Ignorance Of Law ◽  
History Of ◽  
Made In

The imparting of legal education has passed through a number of phases throughout its development, but it is still in need of more promotion regarding its various perspectives. People from different strata of the society still consider the legal profession as a last resort, sometimes due to lack of awareness and sometimes due to lack of proper education. The poor performance of the institutions imparting legal education can also be considered as an additional factor to this issue. At such a juncture, it is high time to establish such an institution that would work for the promotion of legal education as well as to train the budding lawyers of the country regarding the sanctity of legal profession so as to make this profession the most alluring one amongst the law graduates. Only establishment of a lawyers’ academy will not suffice; it should get the patronization of senior advocates, judges and academicians of high repute. ‘Law’ has always acquired a distinct position in the mythology and history of Indian culture, be in one form or other, and people have often been punished for ignorance of law. Still no remarkable development has been made in the imparting of legal education, and now it is high time to think of the matter seriously, and instead of promoting for legal process outsourcing by our legal professionals for foreign countries, let more and more opportunities be created by our own country to accommodate these professionals to serve our own country.

Przestrzeganie zasad etyki w rachunkowości jako przejaw społecznej odpowiedzialności

2021 ◽  
Vol 1 (23) ◽  
pp. 179-191
Author(s):  
Małgorzata Trocka
Keyword(s):  
Social Responsibility ◽  
Social Role ◽  
Financial Statements ◽  
Public Trust ◽  
Ethical Standards ◽  
Practical Skills ◽  
Business Unit ◽  
The Social

Compliance with the principles of ethics in accounting as a manifestation of social responsibility A manifestation of the social role of accounting is the appropriate quality of financial and non-financial statements ensuring their truthfulness and reliability. This is guaranteed by the norms and principles shaping the organization of accounting in a business unit, but above all by the persons responsible for its keeping. Accountant is recognized as a profession of public trust. The person carrying it out should have the appropriate knowledge and practical skills. It is also very important in this profession to respect the law and comply with ethical standards. The aim of the article is to show the importance of ethics in the accountant profession in the context of the social role of accounting.

III. Nota in materia di deontologia professionale e onorari nella pratica giuridica romana: giuristi, oratori, avvocati

2021 ◽  
Vol 138 (1) ◽  
pp. 180-218
Author(s):  
Leo Peppe
Keyword(s):  
Late Antiquity ◽  
Professional Ethics ◽  
Legal Profession ◽  
Ancient Rome ◽  
Legal Assistance ◽  
Legal Practice ◽  
Legal Professionals ◽  
Roman Society ◽  
The Republic ◽  
Classical Age

Abstract Note on professional ethics and fees in the Roman legal practice: jurists, orators, advocates. At first sight, there seems to be an accurate terminology for actors of legal assistance in Ancient Rome. Their understanding, however, must be occasionally reassessed in light of the particular context of Roman society in its respective time (such as the relevance of clientela, amicitia, and bureaucracy). Moreover, the legal practice must be analysed to further clarify their understanding. At the end of the Republic and in the Classical Age, the central topics are the links and contradictions between gratuitousness, gratia and remuneration (Cic. off. 2,65,66; D. 50,13). However, there are some actors that are difficult to grasp, such as iuris studiosi. Furthermore, no ideology can be identified concerning an advocate’s duties and countering an unscrupulous practice (Cic. off. 2,51). In Late Antiquity, the notion of key legal professionals grounds on advocati and iuris periti, as can be derived from the Colloquia scholica and in Edictum de pretiis 7,72. This development led to the creeping introduction of a remuneration for the legal profession until its realisation, manifested in Aug. Epist. 153,23.

scholarly journals 2002: A Justice Odyssey

2003 ◽  
Vol 34 (1) ◽  
pp. 1
Author(s):  
Kim Economides
Keyword(s):  
Supply And Demand ◽  
Legal Education ◽  
Legal Profession ◽  
Access To Justice ◽  
Legal Services ◽  
Supply Side ◽  
Law Schools ◽  
Legal Ethics

Professor Economides, 2002 Chapman Tripp visiting fellow, overviews research on the supply side of the access to justice equation. Economides argues that the justice equation is based on the nature of supply and demand for legal services and the nature of the claim that clients wish to bring to a legal forum. However, the access to justice theme is moved beyond the supply side and into questions regarding the quality of the access provided suggesting that there is a need to explore the understandings of justice held by members of the legal profession and legal ethics, and the role that law schools and legal education have in formulating these.

scholarly journals Questions of ethics and etiquette in the Society of Accountants in Edinburgh, 1853–1951

2016 ◽  
Vol 22 (2) ◽  
pp. 179-192 ◽  
Author(s):  
Roy A Chandler
Keyword(s):  
Professional Ethics ◽  
Historical Analysis ◽  
Essential Elements ◽  
First Century ◽  
Ethical Framework ◽  
Professional Conduct ◽  
Accounting Profession ◽  
Temporal Perspective ◽  
Current Concerns

The intangible qualities of honesty and integrity are essential elements of the ethos of the accounting profession. This article reflects on the changing and continuous nature of questions of professional ethics within the Society of Accountants in Edinburgh. Using the Society’s archives, it presents a review of the questions which vexed early leaders of that body. A historical analysis of these issues helps place current concerns about professional conduct into an appropriate temporal perspective and demonstrates the deep-rooted nature of challenges in forming a notion of professional ethics. The article focusses on issues such as members committing criminal acts, problems with delineating the professional space, advertising and the quality of training of apprentice accountants. The article adds to our understanding of the creation of an ethical framework governing the behaviour of professional accountants in one jurisdiction during the first century of the existence of an organised profession. The presentation of individual cases provides a personal touch and adds depth to the analysis.

Postępowanie przed Naczelnym Sądem Aptekarskim w sprawie naruszenia zasad etyki zawodowej farmaceuty

2021 ◽  
pp. 212-226
Author(s):  
Jolanta Pacian
Keyword(s):  
Professional Practice ◽  
Professional Ethics ◽  
Code Of Ethics ◽  
Public Trust ◽  
Professional Group ◽  
Professional Responsibility ◽  
Legal Regulations ◽  
Legal Provisions ◽  
Tacit Consent ◽  
Nurses And Midwives

Members of the pharmacists’ self-government can be held liable before pharmaceutical courts for conduct breaching the rules of professional ethics and deontology, and infringing legal regulations concerning the practice of the pharmacist’s profession. Thus, the basis of professional responsibility of pharmacists is generally similar to the rules of professional liability of doctors, nurses, and midwives. Nevertheless, certain significant differences can be noticed in the course of the proceedings. Such a difference occurs in the proceedings before the Supreme Pharmaceutical Court. The professional group of pharmacists cannot be indifferent to punishable acts because this would imply tacit consent to breach of legal provisions regulating the professional practice and the rules of professional ethics and deontology set forth in the Code of Ethics of the Polish Pharmacist. Therefore, it is crucial that pharmacists, who practise a profession of public trust, should take care of the appropriate status of their occupation in order to conduct properly their mission of serving the society.

scholarly journals Professional Ethics and Disciplinary System in the KCA

2016 ◽  
Vol 4 (1) ◽  
pp. 62
Author(s):  
Albulena Ukimeraj
Keyword(s):  
Professional Ethics ◽  
Code Of Ethics ◽  
Professional Conduct ◽  
Legal Ethics ◽  
Basic Principles ◽  
Strict Adherence ◽  
Legal Professionals ◽  
Disciplinary System ◽  
Code Of Professional Conduct ◽  
Legal Grounds

The term “ethics” comes from the Greek word 'ethos/ethikos', which means 'tradition, custom or habit". On the other hand, the science that addresses the requirements/duty to act ethically is called Deontology. In exercising the legal profession, Deontology is found as a discipline incorporating a set of principles and rules which must be acknowledged and adhered to by an exercising lawyer in his/her profession. The conduct of lawyers must be exemplary both in exercising profession and outside, in accordance with the dignity inherent to the profession. In recognizing principles and rules of the Code of Professional Conduct and deontology, lawyers must also adhere in their own professional conduct. In exercising their functions, all lawyers are under oath and must live to the commitment of strict adherence and full willingness to an Ethical Code of the profession. The Code of ethics determines the rules of behaviour, which must be adhered to by all lawyers in exercising their profession and rendering their services, to maintain and uphold the dignity and reputation of the Bar Profession. Failure to know the code of ethics does not justify any breach that a lawyer may commit. The idea of addressing this topic stems from the fact that often, lawyers as legal professionals come to confront with their Code of Professional Ethics. Therefore, considering the role and relevance of ethics in the bar profession, in this paper, I have elaborated on the legal grounds of KCA foundation, the regional coverage of the KCA, with a special emphasis on the professional legal ethics and the disciplinary system established by the Chamber of Advocates of Kosovo, a constitutionally established institution, disciplinary proceedings and measures imposed on the lawyers in case of breaches of their own Professional Ethics, concluding with basic principles of conduct and service provision by lawyers.

scholarly journals STANDAR PROFESI HUKUM DAN KONTRIBUSI PENDIDIKAN TINGGI DALAM MEWUJUDKAN PROFESI HUKUM YANG PROFESIONAL DI ERA DISRUPTIF

Yurispruden ◽  
2021 ◽  
Vol 4 (1) ◽  
pp. 102
Author(s):  
Ahmad Syaifudin
Keyword(s):  
Code Of Ethics ◽  
Legal Profession ◽  
Work Attitudes ◽  
Positive Contribution ◽  
Conceptual Approach ◽  
Legal Professionals ◽  
The Right ◽  
Positive Climate ◽  
Education Process

ABSTRACTThe shift in working patterns that are so fast at Disruptive Era in the legal profession gives strong demands to legal professionals to quickly adapt, the right adaptations of course that will make a positive contribution to the realization of a legal climate that leads to just law. Everything returns to the Professional Actors, the more qualified professional actors and the understanding of the importance of being professional will greatly impact the achievement of the principle of legal objectives. In this study, the authors used a normative juridical method using a statutory approach and a historical approach. From the research it can be concluded that the quality of the education process carried out with the right standards / criteria will greatly affect the quality of legal profession actors, understanding of knowledge, the ability to implement knowledge and work attitudes in accordance with the norms determined and contained in the professional code of ethics. will create a positive climate for the realization of a just law in our country. Keywords: Professionalism, Education, Ethics, QualityABSTRAK Pergeseran pola kerja yang sedemikian cepat di Era Disrupsi dalam profesi hukum memberikan tuntutan yang kuat kepada pelaku profesi hukum untuk cepat beradaptasi, adaptasi yang tepat tentunya yang akan memberikan kontribusi positif bagi terwujudnya iklim hukum yang menuju kepada Hukum yang berkeadilan. Semua kembali kepada Pelaku Profesi, semakin berkualitas pelaku profesi dan pemahaman pentingnya bersikap professional akan sangat berdampak pada tercapainya prinsip tujuan hukum. Dalam penelitian ini penulis menggunakan metode penelitian yuridis normatif dengan memakai pendekatan konsep (conceptual approach), perundang-undangan (Statute Approach) dan pendekatan kasus (Case Approach). dari penelitian dapat disimpulkan bahwa kualitas proses Pendidikan yang dilakukan dengan standart baku/kriteria yang tepat akan sangat mempengaruhi kualitas pelaku profesi hukum, pemahaman tentang pengetahuan, kemampuan dalam mengimplementasikan pengetahuan dan sikap kerja yang sesuai dengan norma-norma yang ditentukan dan tertuang dalam kode etik profesi akan menciptakan iklim positif bagi terwujudkannya hukum yang berkadilan.Kata Kunci : Profesionalisme, Pendidikan, Etika, Berkualitas

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