Lawyers’ ethics before a civil court

Principles of legal ethics, whether written or unwritten, not only regulate the conduct of legal practice but also reflect the basic assumptions, premises, and methods of the legal system within which the lawyer operates. They also reflect the profession’s conception of its own role in the administration of justice. The objective of this paper is to analyse the ethical rules, to define the relationship of a lawyer to the court and his duties in proceedings, competent representation, confidentiality, and personality of the lawyer, and further deal with the legislation contained in the Czech Act on Advocacy and the Code of Conduct.

METHODS TO USE WHEN TEACHING LEGAL ETHICS IN SOUTH AFRICA

Teaching legal ethics must be more than just compliance with the requirements of the legal profession but also an opportunity for every law faculty or law school to make a contribution to the development of a culture of ethics. Whether legal ethics are taught in a stand-alone module or integrated in any other module, the lecturer has to determine the goals and objectives of the module and how to achieve them and also how to assess whether the set goals and objectives have been achieved. In designing a module on legal ethics, the lecturer’s own style and personality will influence the module’s structure, style and technique. The lecturer therefore needs to choose the teaching method that suits him or her. Teaching methods identified include case studies, problems, Socratic instruction, discussions, group discussions, video and film presentations, co-curricular activities, lectures, the use of social media and the Internet, clinical participation, role play and simulations, law clinics, written assignments, one-minute essays, games, and moot courts. Most of these methods are not exclusive; in teaching, one most often uses a combination of the different methodologies. This article focuses mainly on the methods to be used (the “how” question) when teaching legal ethics. The objectives (the “what and why” questions) and structural aspects (the “where” questions) are also dealt with briefly. The “how” question is important because how we approach teaching needs to reflect the changing student body, the increase in student numbers and the changing learning style of our students. In answering the “how” question, various methodologies are discussed as possible ways to teach legal ethics in a South African context.

Koni as one of the founders of deontology in Russia

The subject of research is the concept of practical ethics by Anatoly F. Koni who was an outstanding Russian lawyer in the late 19th – beginning of 20th centuries. Particular attention is paid to his ethical research in the article. The interest in this area is not accidental. The principles of professional ethics formulated by Koni have become largely a model for Russian lawyers.The purpose of the article is to identify the stages of the formation of Koni’s ethical theory, its main elements and sources, which made it possible to reconstruct the ideas of the famous lawyer.As the main research methods the authors applied the problem-chronological approach and the systemic approach, considering Koni's ethics as an emerging theory, which turned into a complete concept in the 1920s. The structure of the ethical concept was outlined by Koni in 1919 in the Program "Ethics of Cohabitation".The main results, scope of application. It was revealed that for Koni issues of legal ethics were only part of his colossal work on ethics. He has been developing ethical themes since the 1880s. He formed the foundations of the theory, developed the main types of ethics at the beginning of the twentieth century, and the idea crystallized in the 1920s. In particular, he formulated the types of ethics: public order, financial, literary, public events, medical, conscience, national, personal behavior, etc. After going through three successive stages in the course of the study Koni developed the foundations of practical ethics, which could serve as a model for creating relations in a new society as he assumed. Koni chose ethics as the object of his scientific research. He made great efforts to develop his deontology, which we will not find any analogues of. He contributed to the philosophy and philosophy of law. He summarized all his works on deontology in the work "Ethics of the Cohabitation", which was prepared in 1927, but have never been published.Conclusions. Koni not only collected moments of crisis in contemporary ethical manifestations, analyzed the works of the main deontologists, analyzed in detail the types of ethics (some of which he formulated for the first time in science), but also formed a harmonious practical ethics of human personal behavior. At the same time Koni assumed such a development of a sensitive personality that would be able to take into account the smallest men-tal characteristics of other people and behave tactfully as much as possible. He returned to ethical issues in numerous works over and over again whether he wrote about social ills, about psychology, about expertise. He saw the main causes of deformations in the destruction of ethical principles. "Moral perversions" threatened the very existence of the state. He perceived the fall of Russia in 1917 as a logical completion of the disintegration of ethics. Koni saw a future salvation in the revival of Russia. His ethical ideal was Christian in nature in many ways, although Koni himself almost never connected ethics with religion in his works. Here he acted as a Kantian, as a supporter of the categorical imperative.

12. Legal reasoning and ethics

This chapter provides an introduction to legal reasoning. It first outlines the skills to analyse how judges decide cases. There are various points of view that judges can (and do) take in deciding the outcomes of cases, so the chapter introduces some of the theory behind judicial reasoning before moving on to show how judges reason in practice, how one case can give rise to multiple judgments, and the importance of legal ethics.

Lon Fuller: A Progenitor of the Pedagogy of Skills?

This essay examines Professor Fuller’s Mediation—Its Forms and Functions article for passages that describe a number of the specific skills that students learn in law school mediation courses today and that reflect his recognition of, and admiration for, their essentiality. Professor Fuller passed away in 1978, long before the legal academy’s reorientation toward a pedagogy of skills. Influenced by the MacCrate and Carnegie Reports and Roy Stuckey’s Best Practices and by the recommendations of its Task Force on the Future of Legal Education, the American Bar Association (ABA) approved Standard 303 in 2014, pursuant to which law schools must offer a curriculum that requires each student to satisfactorily complete six credit hours of experiential course(s) in the form of a simulation course, a law clinic, or a field placement that “integrate(s) doctrine, theory, skills, and legal ethics, and [that] engage[s] students in performance of … professional skills. …” (ABA Standard 303(a)(3)(i), 2017–18)....

The Origins of Problem-Solving Negotiation and Its Use in the Present

I began teaching, practicing, and researching law in the mid-1970s, first as a legal services and civil rights lawyer, then as a first-generation legal clinician, and then as a theorist and contributor to a variety of “movements” to change law and legal education: poverty law, clinical education, legal feminism, sociolegal studies, critical legal studies, alternative dispute resolution, legal ethics, law, literature and culture, and transnational legal studies. When I first began writing ...

EDUCATIONAL ENVIRONMENT AS A FACTOR OF PROFESSIONAL DEVELOPMENT OF A TEACHER IN THE ERA OF DIGITALIZATION

The value of the digital educational environment is that it contributes to the formation of many of the most important qualities and skills that are in demand by the society of the XXI century and determine the personal and social status of a modern person: information activity and media literacy, the ability to think globally, the ability to continue education and solve creative problems, the willingness to work in a team, communication skills and professional mobility, civil consciousness and legal ethics are brought up.