scholarly journals Normative, and Somewhere to Go - Reflections on Professional Responsibility

1995 ◽  
Vol 33 (4) ◽  
pp. 924
Author(s):  
Richard F. Devlin
Keyword(s):  
Legal Profession ◽  
Law Students ◽  
Professional Responsibility ◽  
Legal Service ◽  
Legal Practice ◽  
Ethical Guidelines ◽  
Legal Ethics ◽  
Primary Responsibility ◽  
Do No Harm ◽  
Ethical Vision

In this article the author offers some reflections on professional responsibility. He straddles the optimist and pessimist perspectives espousing "pessoptimism" as a more adequate position than either extreme. The author begins by deconstructing the title of the conference in which the paper was delivered: "A New Look: A National Conference on the Legal Profession and Ethics," which took place in Calgary, in June 1994. Pursuing a middle path between the optimistic and pessimistic approaches to professional responsibility, the author outlines the parameters of his ethical vision which provides some directions for legal practice. There are three elements to his restructured ethical vision: the "talent" of critical self-reflexivity, the maxim to act responsibly and the injunction to do no harm. The author draws two conclusions from his study: first, it is possible to talk about legal ethics and to outline some procedural and substantive ethical guidelines. Second, ethics are plural and diversified, contingent upon the nature of the "law job" involved. Finally, the author attempts to locate the "ethical triad" in the context of several different aspects of the legal profession; in legal education, as law students, lawyers, judges, benchers and legislators. He suggests that the primary responsibility for improved legal service lies with those who are within the system and that legal ethics ought to be seen as enforceable "public" norms. In conclusion, returning to the notion of "pessoptimism," the author advocates an optimistic approach but sets out reservations and cautions. In the end, the author hopes that if the legal community cannot agree to do more good, perhaps it can at least agree to do less harm.

Law School Instruction in Professional Responsibility: A Curricular Paradox

1979 ◽  
Vol 4 (2) ◽  
pp. 247-275 ◽  
Author(s):  
Ronald M. Pipkin
Keyword(s):  
Professional Ethics ◽  
Law School ◽  
Law Students ◽  
Professional Responsibility ◽  
Legal Ethics ◽  
Student Responses ◽  
School Settings ◽  
Mode Of Instruction ◽  
Using Data

Legal ethics has recently become the focus of professional and public concern. One aspect of that concern has to do with the education and socialization of law students in professional responsibility. This study, using data from a sample of law students in diverse school settings, examines the influence of prevailing learning norms in legal education on student responses to courses in professional responsibility. The author also reviews the bases of ambiguous sentiments about the role of education in professional ethics and concludes with a discussion of the difficulties and dilemmas involved in attempts to alter the established mode of instruction.

scholarly journals Die Wenslikheid van Afrikaans as Vaktaal vir Regstudent

2017 ◽  
Vol 14 (1) ◽  
pp. 163 ◽  
Author(s):  
Ellen Lombard ◽  
Terrence R Carney
Keyword(s):  
Legal Profession ◽  
Law Students ◽  
Rapid Rate ◽  
Official Language ◽  
Legal Practice ◽  
Legal Language ◽  
Tertiary Institutions ◽  
Language Status ◽  
History Of ◽  
Official Languages

Since 1994 the official language status in South Africa went from two state languages to eleven. This caused English to stand out as the lingua franca of the wider community and resulted in government using English as the preferred medium of communication. This is especially the case in the business of law. The legal practice from the private, public and academic sectors is anglicising at a rapid rate which means that Afrikaans is diminishing as a legal language and that the nine additional official languages are not being developed entirely to function at a higher level. In the light of Anglicisation it begs the question whether it is still useful to teach Afrikaans as a legal language at tertiary institutions. This article explores the matter by focusing on the following: the importance of language within the legal profession, the history of Regsafrikaans, Anglicisation within the legal profession, English as the only language of record and the expediency of Afrikaans as a legal language. The authors arrive at the conclusion that it is indeed still important to teach Regsafrikaans to law students and recommend that law faculties should keep or reinstate this subject as part of their LLB curriculum.

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 LEGAL ETHICS, RULES OF CONDUCT, AND THE MORAL COMPASS – CONSIDERATIONS FROM A LAW STUDENT’S PERSPECTIVE

2016 ◽  
Vol 19 ◽  
pp. 1 ◽  
Author(s):  
Jo-Marí Visser ◽  
Christoffel H Van Zyl IV
Keyword(s):  
Legal Education ◽  
Codes Of Conduct ◽  
Law Students ◽  
Disciplinary Action ◽  
Ethical Behaviour ◽  
Legal Practice ◽  
Legal Ethics ◽  
Cardinal Virtues ◽  
Moral Compass ◽  
Difficult Situations

When young law graduates enter the legal profession they will undoubtedly be exposed to difficult situations that will demand of them to make difficult decisions, often having to balance conflicting systems of belief and ideas on what ethical behaviour entails. Legal ethics training in law faculties the world over often neglects teaching aspects of morality to focus on reviews of rules of professional legal conduct. This article argues that if legal education is to adequately prepare law graduates for legal practice, it must offer more than reviews of these codes of conduct. To properly assist law students in avoiding pitfalls which may lead to disciplinary action, they must be taught to appropriately use their moral compasses.This narrative aims to show that the metaphorical moral compass, with the cardinal virtues as possible main points, may serve as the crucial and underlying guide in the avoidance of the pitfalls which may result in a person being struck from the roll, but more than that, that it may aid in the pursuit of personal dreams or goals. The article contributes to the literature on legal ethics by foregrounding the virtues that pertain to sound conduct in a lawyer, as opposed to the rules and codes, in the hope that this may help legal practitioners to decide on what is right and what is wrong. 

scholarly journals “Going Out” and Going In-House: Chinese Multinationals’ Internal Legal Capacity in the United States

2021 ◽  
pp. 1-31
Author(s):  
Ji Li
Keyword(s):  
United States ◽  
Emerging Market ◽  
Legal Profession ◽  
The United States ◽  
State Ownership ◽  
Legal Service ◽  
Legal Capacity ◽  
Service Market ◽  
Business Executives ◽  
Policy Debates

The “in-house counsel movement” of the past few decades, with its far-reaching implications for the legal profession, the legal service market, and corporate governance, has attracted a great deal of academic attention. Few scholars, however, have examined the global expansion of emerging market companies and their in-house legal capacity. To narrow the gap, this article investigates the in-house legal capacity of Chinese firms in the United States. In doing so, it focuses on two important yet underexplored questions: (1) whether and how institutions in China influence the capacity building; and (2) whether the Chinese investors’ ownership structure makes a difference in that regard. By analyzing a unique set of survey data and 122 interviews with lawyers, in-house counsel, and business executives, this article uncovers evidence of both multi-institutional influence and state-ownership effects. The findings contribute to theoretical and policy debates about the legal profession, the legal service market, and the ramifications of expanding Chinese multinational companies.

scholarly journals Clients, clinics and social justice

2018 ◽  
Vol 8 (3) ◽  
pp. 323-336 ◽  
Author(s):  
Robert Collinson ◽  
Alice Diver ◽  
Sharon McAvoy
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Case Law ◽  
Legal Practice ◽  
Law Schools ◽  
Legal Ethics ◽  
Global Compact ◽  
Un Global Compact ◽  
Content Type

PurposeThe purpose of this paper is to present a case study of an innovative, three-module pathway designed by the Department of Law and Criminology at Edge Hill University (England) in 2014. In addition to supporting the work of its campus pro-bono law clinic, the first-two modules aim to enhance and evidence the legal skills of EHU’s undergraduate LLB students, to embed a deeper awareness of the (legal) ethics needed for sustainable legal practice (within PRME), and to highlight the increasing need for socially responsible advocates, able to defend the rights of marginalised, vulnerable clients.Design/methodology/approachThe critical analysis of the content and scope of an innovative, work-based learning LLB module pathway, which furthers the aim of the UN Global Compact and the PRME, and ties them firmly to socio-legal issues and advocacy involving recent jurisprudence.FindingsThe case law used within the modules, and the practical work of the students in the campus law clinic, are relevant to social justice issues and to the promotion of PRME values—they promote awareness of human rights principles, highlight the importance of access to legal services and provide students with knowledge of legal ethics. Enhanced employability skills flow from this.Research limitations/implicationsThis is a narrow case study but still provides a useful analysis of an innovative, PRME relevant module pathway. The model mirrors international trends in clinical legal education and also offers a template for other law schools keen to promote the concept of ethical, just legal practice.Practical implicationsThe paper posits that enhanced employability can flow from real world tasks such as advocacy for marginalised or disadvantaged groups and presents an exemplar for other law schools wishing to embed ethics/clinical law practice into their curriculum.Social implicationsThe paper highlights how the campus law clinic serves the public in a deprived region—it raises awareness of human rights and of social justice issues. It has the potential to feed into litigation on social welfare issues (housing, social security, child welfare, etc.).Originality/valueThe discussion of the human rights case law that is used in the Year 2 “bridging module” (which prepares students for working in the law clinic in their final year) is particularly relevant and is analysed in detail, highlighting how this module pathway is aimed at promoting PRME and UN Global Compact principles.

scholarly journals Ethics of Location-Based Data in Crisis Situations

2019 ◽  
Vol 1 ◽  
pp. 1-1
Author(s):  
Alan M. MacEachren
Keyword(s):  
Crisis Response ◽  
Ethical Guidelines ◽  
Good Science ◽  
Data Share ◽  
Ethical Implications ◽  
Remotely Sensed Imagery ◽  
Do No Harm ◽  
Share Data ◽  
Crisis Situations

<p><strong>Abstract.</strong> This presentation will provide an overview of a Workshop-based effort on ethics in location-based, organized by the Scientific Responsibility, Human Rights, and Law Program of the American Association for the Advancement of Science (AAAS). More specifically, the AAAS organized three workshops during 2017 and 2018 directed to exploring the ethical implications of collecting, analysing, and acting upon location-based data in crisis situations &amp;ndash; “Developing Ethical Guidelines and Best Practices for the Use of Volunteered Geographic Information and Remotely Sensed Imagery in Crisis Situations.”. The outcome of those workshops and follow up efforts was a document detailing principles and guidelines with the objective of empowering crisis response actors to use location-based data responsibly and ethically.</p><p> On behalf of all those involved, as a Participant in all three workshops and a AAAS Fellow, I will present an overview of the results of this effort. The presentation will outline the five principles developed and provide examples of their motivation and use:</p><ol><li>Do No Harm: Identify and minimize potential risk, particularly as they may affect the vulnerability of individuals and populations</li><li>Define Your Purpose: Ensure action is mission-driven and goal-oriented</li><li>Do Good Science: Employ scientifically rigorous and responsible methods</li><li>Collaborate and Consult: Engage with local partners</li><li>Give Access to Your Data: Share data openly, when safe and practicable</li></ol><p> The presentation will also reflect on (a) the specific relevance of this effort and its outcome for the international cartographic community and (b) our obligation as academic/professional cartographers to address the dual challenges of leveraging locational data cartographically to support crisis management and humanitarian efforts while also guarding against misuse of the data collected and map generated. I will conclude by reflecting on my experience in working with a diverse, interdisciplinary, international group on this hard problem.</p></p>

scholarly journals THE PRACTICAL APPLICATION OF THE CONCEPT OF ADVOCACY ETHICS AT THE PRESENT STAGE: CONTENT AND SIGNIFICANCE

2020 ◽  
Keyword(s):  
Legal Profession ◽  
Scientific Discipline ◽  
Private Life ◽  
Point Of View ◽  
Public Confidence ◽  
Moral Norms ◽  
Legal Ethics ◽  
Legal Form ◽  
Number Of Factors ◽  
And Behavior

the article States that the ethics of a lawyer is an important component of the legal ethics; stated that the legal profession has as its object the person, affects its interests, rights, private life, so the study of moral aspects and problems of advocacy is today of paramount importance; marked by such key concepts as morality, law, ethics, justice, duty, good, evil, conscience, responsibility, honor, dignity, humanity; noted that part of ethics, legal ethics is a scientific discipline whose subject is the manifestation of morality in justice and law enforcement; marked what is the value of legal ethics is that it gives the moral nature of the activities for implementation of justice, the implementation of the prosecutorial, investigative work and other activities carried out by professional lawyers; States that legal ethics contributes to the proper formation of consciousness, attitudes of members of the legal profession, focusing them on rigorous compliance with moral norms; stated that today is the actual context of the conversation separately about the ethics of judges, investigative ethics, ethics counsel; noted that the specifics of advocacy requires a balance in the service of a lawyer; noted, what legal ethics is designed to ensure the performance of lawyer's duties honestly, competently and in good faith, to form proper level of public confidence in the legal profession as a representative of civil society and personally to the lawyers; noted that the basis of the relationship of the lawyer and the client is trust; noted that the attorney has no right to own, not coordinated with the client the position of the defence, counsel should pay special attention to the client, who is in custody, fee practice a lawyer shall take into consideration a number of factors; the caveats regarding the prohibition resumania of participants in the process; indicate their objections against the wrong actions of the investigator or body of inquiry, the lawyer is obliged to clothe in a legal form and contribute to the formation of a respectful attitude to the court as a branch of government; provided that an advocate shall be prohibited to violate professional ethics, and the need to build relationships with colleagues in the profession on standards of decency and respect to help Junior colleagues; to respect the dignity, prestige and business reputation of other lawyers to form a decent line of their own positions and behavior and have compelling personal point of view.

scholarly journals Keeping up with change: no alternative to teaching ADR in clinic. An Australian perspective

2018 ◽  
Vol 25 (1) ◽  
pp. 35
Author(s):  
Jacqueline Weinberg
Keyword(s):  
Dispute Resolution ◽  
Clinical Education ◽  
Alternative Dispute Resolution ◽  
Legal Education ◽  
Law Students ◽  
Access To Justice ◽  
Legal Practice ◽  
Law Schools ◽  
The Cost ◽  
Client Needs

<p>Over the last 30 years alternative dispute resolution (ADR) has become more prominent in Australian legal practice due to the need to reduce the cost of access to justice and to provide more expedient and informal alternatives to litigation. As legal educators, we need to ask: how should we be preparing law students entering practice for these changes? How can we ensure that once they become lawyers, our students will not rely entirely on litigious methods to assist their clients but instead look at alternatives for dispute resolution?</p><p>In this paper, I argue that there is no alternative to teaching ADR in clinic in order to address client needs and to ensure that students engaged in clinical education are prepared for changes in legal practice today. I show that the increasing focus upon ADR in Australian legal practice represents a challenge for law schools, and that legal educators need to ensure they are educating students about ADR.</p><p>I argue that it is important to determine whether ADR is being taught to students undertaking clinical legal education in ways that will enhance their preparation for legal practice. I will show that there is a need to explore: whether ADR is being taught within clinical legal education, the strengths and weaknesses of existing approaches, and how the teaching of ADR within clinics can be improved.</p>

Sign in / Sign up

Export Citation Format

Share Document