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LJU4802 EXAM PACK 2023
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LJU4802 EXAMPACK 2023
UPDATED REVISION
PACK
,LJU4802
EXAM PACK
Revision PACK
Questions. Answers
, 1
QUESTION 1:
X is approached by the law society to check on the drafting of a
new code for legal ethics. Write a memo in which you express
your views on the following:
a. The legitimacy crisis which existing comprehensive codes
of ethics suffer among both outsiders and insiders” to the
profession
OUTSIDERS INSIDERS
• There is no access to a • The codes aren’t always
simple, easy to understand enforced by law societies
set of professional codes = • Those who don’t obey the
the public don’t know what codes aren’t dealt with
conduct is unprofessional properly
• Some ethical rules protect • Since the codes aren’t
the professionals against applied they should be
the public or serve the replaced with business
members of the profession rules
• Rules aren’t universal and • By trying to force their
change with the times client to do the right thing,
• Complaints are handled by the client will go somewhere
colleagues else
• Practitioners aren’t willing • Legal ethics should be
to testify against one reduced to rules of
another professional conduct, this
would justify self regulation
b. The idea that a code of ethics should comprise a number
of levels. Refer to the approach of Nicholson and Webb
(20)
They believe that the problem with ethics is due to formalism – the
focus is too much on rules.
RULES:
1. In legal education: students are taught the legal rules and not
the practical application of the law
2. Adversarial system: creates the belief that rules will always
provide the correct answers
According to the ethics need to be CONTEXTUALISED – using 3 levels
of codes:
1. General statement of values: good faith is required
2. Specific principles:
a. Loyalty – confidentiality
, 2
b. Integrity – moral responsibility
c. Candor – used with good faith
d. Consent – consultation
3. Contextual factors:
The clients needs: emotional, financial and psychological
Requirements which show the lawyer what is expected of
him in order to avoid removal
The type of case: criminal, civil, mediation
These codes help to develop moral character and helps the law
student to make a more informed decision on why to study law and
what field of law to go into = shows them the moral dilemmas that
they might face.
This contextual approach has been criticized:
Too hard argument: it is too hard for lawyers to be expected to
know all the codes that apply to a situation
Its too easy for a lawyer to be immoral – they already don’t
respect the rules that exist
The plan to make the ethics more contextual includes:
1. Micro regulation: compliance officer at each firm
2. Fees: more transparent
3. Firms dealing with the community: requires more
creative advice giving
4. Demography of the profession: allow for more woman in
the profession as they have an ethic of care (community
based approach) rather than the male ethic of justice
(individualistic approach)
5. Change the adversarial system: to an inquisitorial
system = encourage co-operation rather than competition
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