Legal Ethics and Morality

1
Legal Ethics and Morality
Law is a noble profession, perhaps the noblest of them all. With the study of law, the typical
lawyer is placed on the crux of defending all elements of morality as well as ethics. The lawyer is
almost always at the turning point of the means to justice and grasps a key stake hold in the legal
system. Legal systems are, indeed, expected to operate using high standards of transparency, both
moral and ethical. “The Dominant View posits that lawyers should be amoral facilitators who give
their clients access to the public good of law unfettered by the lawyer’s own moral values”
1
. It is,
in light of this, that this particular view draws advocates more to the side of battling the most
instrumentalist outset of regulations conceivably to oblige the client’s concern, and ethically
responsible for whatsoever indemnities this outset conveys to third parties or even the legal
context.
Shaffer argues that there is almost always a certain element of morality as well as ethics in
conversations about the law. The ideas in law statements usually back themselves up on obligations
and always seek the coercion of the state. In Shaffer’s understanding, what in the world could be
more moral than that?
2
Reliability, honesty, and integrity are more often than not milestones in
considering whether one is fit to hold the position of an attorney. Bearing in mind the fact that a
lawyer's services are usually intellectual, and the further fact that one uses his learned skills to
provide help to clients who are at a disadvantaged position and therefore vulnerable, trust is mostly
usually key in such relationships and the non-existence of extraordinarily high levels of morality
and ethics would ensure the successful downfall of a number of people in the society
3
. Therefore,
to say, lawyers hold a certain power of the common man.
1
David B. Wilkins, In Defense of Law and Morality: Why Lawyers Should Have a Prima Facie Duty to Obey the
Law, 38 Wm. & Mary L. Rev. 269 (1996), https://scholarship.law.wm.edu/wmlr/vol38/ iss1/14 p. 273.
2
Shaffer 1979 Notre Dame Law 232.
3
Kris Dobie, The Ethical Role of Lawyers, (The Ethics Institute).
2
According to the Ethiopian Federal Courts Licensing and Registration Proclamation
4
,
before someone is certified as an advocate, the board has to be satisfied of the advocate’s code of
conduct in the proper administration of justice, and must not have been “convicted and sentenced
in an offense showing improper conduct”.
5
This employs the meaning that the presence of any
criminal record in one’s life automatically inhibits him or her from practicing the law again ever.
This provision would also apply to members of the legal profession who are already practitioners
when one obtains a criminal record he or she is released from his or her duty to the profession.
However, these particular individuals can still choose to remain in the legal field, except on the
profession’s utmost periphery. This means that they would only be able to give legal opinions and
advice to clients but remain held from any extent of active litigation.
All in all, the fact that one of the major definitions of law is “the will of the people”
6
does
not deter many from questioning or even challenging the position of the law in numerous issues.
For one, people change, and the fact that the law does not recognize this is depressing. The view
relating to lawbreakers not being able to defend the very law they break is understandable, but it
is my view that certain exceptions to this provision should be put on place. The law at times serve
to block out enthusiastic lovers of the same from practicing simply because of past criminal
records, and this, in my view, is highly hypocritical.
4
Proclamation No. 199/2000 Ethiopian Federal Courts Licensing and Registration.
5
Ibid 4.
6
Savigny (1779-1861)
3
Bibliography
David B. Wilkins, In Defense of Law and Morality: Why Lawyers Should Have a Prima Facie
Duty to Obey the Law, 38 Wm. & Mary L. Rev. 269 (1996),
https://scholarship.law.wm.edu/wmlr/vol38/ iss1/14 p. 273.
Shaffer 1979 Notre Dame Law 232.
Kris Dobie, the Ethical Role of Lawyers, (The Ethics Institute).
Proclamation No. 199/2000 Ethiopian Federal Courts Licensing and Registration.
Savigny (1779-1861)

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