Legal Ethics refers to the relationship between law and ethics. In a narrow sense, it refers to ethical standards applicable to professional legal conduct. It demands that legal practitioner behave in a good, decent and proper legal manner. There is a minimum duty that members of the legal professi...
Ethics is about what we ought and not ought to do. It is about making
the best decision in the given circumstances.
Legal Ethics refers to the relationship between law and ethics. In a
narrow sense, it refers to ethical standards applicable to professional
legal conduct. It demands that legal practitioner behave in a good,
decent and proper legal manner. There is a minimum duty that members
of the legal profession owe to each other, their clients and the court.
There is no legislative framework that describes what “fit and proper”
means but it is an important requirement to practice the law. It is the
cornerstone for entry into legal practice. Every member of the legal
profession should use their internal moral compass to make the right
decision. One must then be in a position to defend their decision and
subsequent action.
Slabbert writes that in South Africa, it is commonly accepted that to be
fit and proper, a legal practitioner must exhibit integrity, reliability and
honesty.
In the case of South Africa v Jiba and others 2017, Judge Legodi
describes a fit and proper person as someone possessing integrity,
objectivity, dignity, capacity for hard work, respect for the legal order
and a sense of equality and fairness.
Read, “ Slabbert M, The Requirements of Being a Fit and Proper Person
for the Legal Profession, 2011 PELJ 209-203”.
Remember, when one applies to be admitted into practice, the applicant
bears the onus to prove they are fit and proper and the final decision
lies with the court.
, The Code of Conduct published under Section 36(1) of the Legal
Practice Act, 2014 (section 63.2 of the Code) does provide some
guidance as to behaving in a “ fit and proper” manner:
- Act in a fair, honest and transparent manner;
- Remain impartial and objective and avoid being influenced;
- Give effect to legal and ethical values;
- Do not engage in any act of dishonesty, corruption and bribery;
- Avoid conflict of interest and disclose a personal interest;
- Avoid relationships that bring about a conflict of interest;
- Do not misrepresent facts;
- Do not accept gifts, bribes, money or any benefit that may
compromise a decision or judgement;
- Act with skill, care, attention and diligence;
- Remain abreast of legal developments;
- Comply with the letter and spirit of the law;
- Observe and protect confidentiality;
- Act in a manner that protects the good reputation of the legal
profession.
According to Slabbert, the following are some reasons why persons are
struck from the roll for no longer being “fit and proper”:
- The adversarial system of law which has two opposing parties
puts pressure on the lawyer to put the interests of their client way
before the interests of justice.
- Competition at professional level forces law firms to take and win
more cases – thereby sacrificing morals and ethics.
- General lawlessness is prevalent in society where people do not
use their moral compass.
- Universities sometimes do not prepare future lawyers for the
moral challenges of the legal profession.
Remember, in practice :
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