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C SCHOLTZ 64929205 LJU4802 EXAMINATION .pdf - CHANTELLE...

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1CHANTELLE SCHOLTZSTUDENT NUMBER: 64929205MAY/JUNE 2022 EXAMINATIONLJU4802PROFESSIONAL ETHICS
2QUESTION 1: THE LEGAL PROFESSION1.1 Legal ethics can be acknowledged in a wide and a narrow sense.Firstly, in the wide sense, it refers overall to the relationship between morality(or ethics) and law.But, in the narrow sense, the term refers to the ethical standards ofprofessional conduct relevant to the field of law. Legal ethics in the narrowsense therefore deals with the “musts” ofproviding legal services. In legalpractice the term “legal ethics” isnaturally, more often than not, used in itsnarrow sense.1.2The word “profession” means “a public statement” or“promise”. From thismay be concluded that a legal professional should be worthy of public trustand should carry out his or her professional duties with public-spiritednessand the highest standards of ethical conduct. Although members ofprofessions are paid for their services and should also manage their practiceson unimpaired business principles, the professions may be discerned fromother businesses, jobs or trades, on merit of the following characteristics:• Professionals areobliged to have intellectual knowledge and skills beforethey will be granted access to their chosen profession.Professionals are required to have a willingness to accept personalresponsibility for their actions and for maintaining public confidence in theirprofession.• Professionals areanticipated to have a commitment to serving the publicin matters related to their field.• Professionals enjoy relativefreedom in the execution of their duties.Professionals are self-disciplined and stand by a code of legal ethics basedupon what the best thinkers in their profession consider as proper conductfor a member of that specific profession.• Professionals share afeeling of common identity and an established moralcommunity.Professionals are expected to have a commitment to promoting the basicgood of society.
3To consider a lawyer as nothing more than a businessperson would meanthat the concept of the law and the intentions of justice, would be baffled.1.3 Practitioners are suspicious of codes of ethics and this suspicion covers twodifferent aspects, namely theoretical concerns and practical concerns. Firstly,we look at theoretical concerns. The very intention that the practice of law isa profession counters the idea that legal be brought down to the“rules of‘professional conduct’”. Oneargument for the self-regulation of theprofession is that the practice of law requires intricate professionaljudgments, the reasonableness of which can be judged only by fellowprofessionals. Self-regulation presumes that the behaviour of a practitionerwill not be judged against a code but will be judged by colleagues whomanifest those virtues immanent in morally good practitioners.

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Term
Fall
Professor
N/A
Tags
Law, Lawyer, attorney

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