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LME3701 Assignment 02 and 03(portfolio exam) and memo 2022
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PROFESSIONAL ETHICS PORTFOLIO EXAMSTTUDENT NAME :
STUDENT NUMBER :
MAY\JUNE PORTFOLIO
COURSE CODE : 98068
MODULE CODE : LJU4802
UNIQUE NUMBER : 596108
1
, QUESTION 1
1.1. In the narrow sense, Legal Ethics refers to the ethical standards of professional
conduct applicable to the field of law (as opposed to the field of medicine, for
example, in which case we would speak of “medical ethics” to refer to the
professional conduct required of medical practitioners). Legal ethics in the narrow
sense therefore deals with the “ought” of providing legal services: “How ought a
legal practitioner to behave in order to be a good, decent and proper legal
practitioner?” In legal practice the term “legal ethics” is understandably generally
used in its narrow sense. In the broader sense, it refers in general to the
relationship between law and ethics (or morality). For example: May the law be
used to enforce moral views on abortion, homosexuality, prostitution or human
cloning?.1
1.2. The professions may be different from normal jobs, businesses or trades, by virtue
of the following characteristics:
• Professionals are required to have specialised intellectual knowledge and skills
before they will be granted access to their chosen profession. This knowledge,
which is not easily accessible to the lay person, puts the professional in a position
of authority vis-à-vis the client. The client has no other option but to trust the
professional and should therefore be able to rely on the latter’s integrity.
• Professionals are expected to have a commitment to promoting the basic good of
society. In the case of the legal profession, the basic good is justice.
• Professionals are expected to have a commitment to serving the public in matters
related to their particular field.
• Professionals enjoy relative autonomy in the execution of their duties. They use
their discretion in the execution of their duties and do not blindly accede to their
clients or other authorities.
• Professionals should have a willingness to accept personal responsibility for their
actions and for maintaining public confidence in their particular profession.2
1
Lewis EAL Legal Ethics: A Guide to Professional Conduct for South African Attorneys (1982).
2
Professional Ethics, Tutorial Letter 501\3\2022.
2
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