Lecture 1 - Intro to ethics (Latest).pptx

An intro on Professional Ethics learned in law course

1. LAD 4213 Professional Ethics 1

2. What is ethics? Definition moral principles that govern a person's behaviour or the conducting of an activity . the branch of knowledge that deals with moral principles. 2

3. Ethics or moral philosophy is a branch of philosophy that involves systematizing , defending , and recommending concepts of right and wrong conduct . Ethics is concerned with what is good for individuals and society and is also described as moral philosophy. The term is derived from the Greek word ethos which can mean custom, habit, character or disposition. 3

4. Ethics covers the following dilemmas: how to live a good life our rights and responsibilities the language of right and wrong moral decisions - what is good and bad? 4

5. What is 'ethics' concerned with ? studying and/or building up a coherent set of 'rules' or principles by which people ought to live . Ethics is often used inter-changeably with morals. Ethics is often used in connection with the activities of organisations and with professional codes of conduct: for instance, medical and business ethics, which are often formalised in terms of exhaustive sets of rules or guidelines stating how employees are expected to behave in their workplaces 5

6. Morality , on the other hand, is more often used in connection with the ways in which individuals conduct their personal, private lives, often in relation to personal financial probity, lawful conduct and acceptable standards of interpersonal behaviour (including truthfulness, honesty, and sexual propriety). 6

7. How Ethical Decisions are Made Determining the difference between right and wrong can be difficult Individuals use different methods to chose the right thing to do in any given situation Morality involves the values that govern a society’s attitude toward right and wrong Ethics , in contrast, are the means for determining what a society’s values ought to be. 7

8. How Ethical Decisions are Made Throughout your life, you will face many ethical problems Adopting a consistent ethical standard can help you with big or small moral problems Some people base their ethical standards on whether or not the act “feels” right 8

9. The Greatest Good Some people feel that an action that creates the greatest good for the greatest number of people is a sound basis for making ethical decisions. 9

10. The Golden Rule Others base their ethical standards on the Golden Rule, which states: “Do unto others as you would have them do unto you.” 10

11. Ethical Character Traits Honesty is being open and truthful with other people. Justice is treating other people fairly and equally. Compassion is being sympathetic to the difficulties of others. Integrity is doing what is right regardless of personal consequences. 11

12. The Relationship Between Ethics and Law If everyone made the same ethical decisions with the same results, there would be no need for law. In the real world, however, some people engage in conduct that most people agree is wrong. 12

13. Why Law is Necessary Law is the system of rules of conduct established by the government of a society to maintain stability and justice. Law defines the legal rights and duties of the people and provides the means of enforcing these rights and duties. 13

14. Ethics and Legal Conflicts Because law is made by people, it is imperfect. Legislators and judges bring their own personal opinions on ethics to the lawmaking process. As a result, ethics and law will sometimes conflict. 14

15. Sources of Law Constitutional Law Common Law Statutory Law Court Decisions Administrative Regulations 15

16. Constitutional Law Constitution spells out the principles by which the government operates: Set forth the rights of citizens Define limits the federal/state government may pass laws Describes the functions of the branches of government 16

17. Common Law Laws were not written, judges made decisions based on Tradition Decisions of other judges Made every effort to share the same law “in common” This practice led to the doctrine of precedent A judge is required to follow earlier decisions. 17

18. Statutory Law Statutes are laws specifically passed by a governing body that has been created for the purpose of making laws. Legislature – body of lawmakers that has the job of creating statutory law. The Supreme Court may declare any statute the goes against the Constitution unconstitutional or invalid. 18

19. Court Decisions Court made laws are called Case law Court decisions Judge-made law Decisions made by the highest court of any state becomes the law of that state. Judicial decisions involves interpreting statutes. 19

20. Administrative Regulations Legislature often give power to regulate a particular king of activity to an administrative agency These agencies make their own rules, enforce, investigate, and judge. Administrative law consist of those rules and procedures established by regulatory agencies 20

21. Ethics tell us what we should do, it may be subjective. People do not always do what they should do, so laws are defined providing an objective standard of behavior Law is important because society needs a system of rules to maintain stability and peace. Ethics and the law can conflict in a variety of circumstances. Professional ethics are not always consistent with the rule of law. 21

22. “Lawyers throughout the world are specialised professionals who place the interests of their clients above their own, and strive to obtain respect for the Rule of Law. They have to combine a continuous update on legal developments with service to their clients, respect for the courts, and the legitimate aspiration to maintain a reasonable standard of living.” 22

23. Legal Ethics Legal ethics refers to the code of conduct regulating and instructing behavior of persons within the legal profession. It covers not only the nature of the interaction of the lawyer with the client, but is recognized to include the duty owed to the wider population. 23

24. Legal Areas covered by ethical standards Independence, honesty and integrity. The lawyer and client relationship, in particular, the duties owed by the lawyer to his or her client  client care, conflict of interest, confidentiality, dealing with client money, and fees. The lawyer as an advocate, in particular, a lawyer’s duties to the court. 24

25. Legal Areas covered by ethical standards Competence, which encompasses academic qualifications and training, and meeting other practising requirements such as holding a valid practising certificate or licence . A lawyer’s duties to persons other than a client. A lawyer’s duties to other lawyers. Advertising of legal services. Human rights and access to justice. 25

26. Who Develops Ethical Standards? “Codes of professional conduct for lawyers shall be established by the legal profession through its appropriate organs, or by legislation, in accordance with national law and custom and recognised international standards and norms.” Principle 26 of the UN Basic Principles on the Role of Lawyers 26

27. Legal Ethics Legal ethics is the minimum standards of appropriate conduct within the legal profession. It is the behavioral norms and morals which govern judges and lawyers. It involves duties that the members owe one another, their clients, and the courts. 27

28. What is professional ethics in law? Professional ethics encompasses an ethical code governing the conduct of persons engaged in the practice of law as well as persons engaged in the legal sector. All members of the legal profession have a paramount duty to the court and towards the administration of justice. 28

29. What is importance of professional ethics? Good Ethics is a fundamental requirement of any profession  i t is integral to the success of the business as well. Ethics is a system of moral principles governing the appropriate conduct of a person or a group. Maintaining good ethics is being consistent with the principles of correct moral conduct constantly. 29

30. Since lawyers are regarded as professionals, they owe a duty to act resposibly and professionally to the clients and public at large. If lawyers do not adhere to, and promote, principles of justice, fairness and equity, the law itself is brought into disrepute and public confidence in the law will be undermined, thereby hindering access to justice. 30

31. Therefore, the legal profession has a huge responsibility within society as upholders of the rule of law, and protectors of individual rights against abuses of power. 31

32. What is the definition of legal responsibility? Legal obligation. A measure of mental capacity, used in deciding the extent to which a person can be held accountable for a crime; see diminished responsibility. Specific duties imposed upon persons to care or provide for others, such as the parents' duty to the child or the guardianship of a ward. 32

33. What are the four responsibilities of lawyers? Specifically, we seek to define and give content to four ethical responsibilities that we believe are of signal importance to lawyers in their fundamental roles as expert technicians, wise counselors, and effective leaders: responsibilities to their clients and stakeholders; responsibilities to the legal system. 33

34. A profession’s collective reputation is crucial to the confidence it inspires. The reputation of the legal profession is linked to how the public views the administration of justice. Where there is no public confidence in the legal profession, trust in the justice system itself is undermined. 34

35. Accountability If ethical standards exist and clearly define the duties of lawyers, they can be brought to account where they fall short of these tandards . In order to achieve accountability, it is also important to ensure that rules of ethics, once developed, are publicised amongst the legal profession and the public. To ensure that ethics are enforceable, the legal profession should also put in place effective disciplinary procedures. 35

36. Key Ethical Standards 1) Independence, Honesty and Integrity It is difficult for a lawyer to protect the interests of their client if they are subject to interference from others, especially those in power. Lawyers must also maintain the highest standard of honesty, integrity and fairness towards a client, the court, other lawyers, and members of the public. 36

37. Lawyer-Client Relationship a) Competence and Professionalism: Competent representation requires the legal knowledge, skill, thoroughness and preparation that is reasonably necessary to represent a client. 37

38. Lawyer-Client Relationship b) Client Care: The relationship between a lawyer and client is a contractual one. Lawyers have legal obligations towards their client but there are also important ethical principles governing the way lawyers should conduct themselves towards their clients. 38

39. Principles that lawyers must adhere to in the context of client care: Treat the client fairly, in a manner which protects their interests. Ensure the resources and ability to act for the client and to advise and represent the client in a competent and timely manner. Ensure there is a complaints procedure in place, inform the client at the outset of the right to make a complaint, and deal with any complaints promptly. 39

40. Principles that lawyers must adhere to in the context of client care: Agree on how the client’s matter or case will be conducted, including for example, how often the client will be updated, who will be the main person dealing with the case, how long the matter may take, and what the likely costs will be. Ensure the client understands any advice given and is able to make informed decisions. 40

41. c) Confidentiality: A well-established principle of ethics for the legal profession is that of legal professional privilege. Lawyers have a duty to keep affairs of their client confidential and the circumstances that they are able to disclose client information, is strictly limited. 41

42. d) Avoiding a Conflict of Interest The lawyer owes separate duties to two or more clients in relation to the same or related matters, and those duties conflict, or there is a significant risk that those duties may conflict. The lawyer’s duty to act in the best interests of any client in relation to a matter conflicts, or there is a significant risk that it may conflict, with the lawyer’s own interests with regard to that or a related matter. 42

43. d) Avoiding a Conflict of Interest – What to do? Explain the issues and risks to the clients. The lawyer must have a reasonable belief that the clients understand those issues and risks. Ensure that the clients give informed consent in writing to the lawyer. 43

44. d) Avoiding a Conflict of Interest – What to do? The lawyer should be satisfied that it is reasonable to act for all the clients and that it is in their best interests. The lawyer should be satisfied that the benefits of acting for the clients outweigh any risks. 44

45. Client Money: Bar associations with developed codes and rules relating to professional conduct often include very detailed provisions relating to a lawyer’s or law firm’s accounts. Any money recovered on behalf of a client, such as compensation monies, must be paid into a client account before any fees are deducted. 45

46. Client Money: Where any money from a client account is retained by a lawyer, the lawyer should inform the client in writing of the reason for retaining the money. 46

47. Fees: The principle of fairness should govern the fees that a lawyer charges his or her client. The lawyer should inform the client of fee arrangements. Fees should be clearly explained and if and when they may change. 47

48. Mechanisms for Ensuring Ethics Enforcing Ethics through Disciplinary Procedures Raising Awareness amongst Lawyers Raising Awareness amongst the Public Adopting Regional or International Standards on Ethics 48

49. The legal profession is a profession of great honor. It has been created not for private gain but for public good. An advocate is an officer of the Court and required to maintain towards the Court a respectful attitude bearing in mind that the dignity of the judicial office  is essential for the survival of the society. 49

50. Laws regulating legal profession Legal Profession (Discipline Fund) Rules 1994 • Legal Profession (Practice & Etiquette) Rules 1978 • Legal Profession (Professional Liability) (Insurance) Rules 1992 • Legal Profession (Publicity) Rules 2001 • Solicitors' Accounts (Deposit Interest) Rules 1990 • Solicitors' Account Rules 1990 • Solicitors' Remuneration Order 2005 • Solicitors' Remuneration (Enforcement) Rules 2004 • Solicitors' Remuneration (Multi-Currency Trade Finance and Indirect Exporter Financing Schemes) Order 2006 [All these documents can be found on the Malaysian Bar website at: http://www.malaysianbar.org.my/governing_laws/] • Bar Council Rulings (http://www.malaysianbar.org.my/rulings /) 50