2022 MAY EXAM
MEMO LJU4802 -
Professional Ethics (LJU
4802)
, QUESTION 1: THE LEGAL PROFESSION
1.1 Define the term “legal ethics” in a narrow and broader sense.(5)
The term “Legal ethics” can be understood in both a wide sense as well as a narrow sense. Generally,
in the wide sense it will refer to the relationship that exists between law and ethics (or in other words,
morality). An example of this is if the law may be used to enforce views that are seen as morally such
as the rights and wrongs of abortion, prostitution, cloning or homosexuality?
However, in the narrow sense, the term 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’s” 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.
1.2 Read the following statement and answer the question that follows: “To regard lawyers as no
more than businessmen [or -women] would mean that the idea of the law and the objectives of
justice, such as fair trade and equal distribution of privileges and responsibilities relating to property,
liberty and life, would be thwarted. Only the most profitable cases would then be accepted by
practitioners, and only the rights and privileges of those able to pay the high fees of legal services
would be protected.” In view of the above quotation, explain how the legal profession is different
from a normal job, business or trade, by referring to any 5 characteristics of a “profession”. (5)
Characteristics of a profession: i. 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.
ii. 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.
iii. Professionals are expected to have a commitment to serving the public in matters related to their
particular field.
iv. 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.
v. Professionals should have a willingness to accept personal responsibility for their actions and for
maintaining public confidence in their particular profession.
vi. Professionals share a sense of common identity and an established moral
MEMO LJU4802 -
Professional Ethics (LJU
4802)
, QUESTION 1: THE LEGAL PROFESSION
1.1 Define the term “legal ethics” in a narrow and broader sense.(5)
The term “Legal ethics” can be understood in both a wide sense as well as a narrow sense. Generally,
in the wide sense it will refer to the relationship that exists between law and ethics (or in other words,
morality). An example of this is if the law may be used to enforce views that are seen as morally such
as the rights and wrongs of abortion, prostitution, cloning or homosexuality?
However, in the narrow sense, the term 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’s” 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.
1.2 Read the following statement and answer the question that follows: “To regard lawyers as no
more than businessmen [or -women] would mean that the idea of the law and the objectives of
justice, such as fair trade and equal distribution of privileges and responsibilities relating to property,
liberty and life, would be thwarted. Only the most profitable cases would then be accepted by
practitioners, and only the rights and privileges of those able to pay the high fees of legal services
would be protected.” In view of the above quotation, explain how the legal profession is different
from a normal job, business or trade, by referring to any 5 characteristics of a “profession”. (5)
Characteristics of a profession: i. 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.
ii. 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.
iii. Professionals are expected to have a commitment to serving the public in matters related to their
particular field.
iv. 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.
v. Professionals should have a willingness to accept personal responsibility for their actions and for
maintaining public confidence in their particular profession.
vi. Professionals share a sense of common identity and an established moral
