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CLS 401: Professional Ethics Notes

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Summary

Notes on Professional Ethics and practice for Law students, neatly summarized for easier reading and understanding. Each topic is outlined clearly. The notes cover most topics taught in professional ethics and contain fully cited case law.

Brief Overview:

Definition of Professional Ethics
It is described as formal rules governing professional conduct or conduct of a particular class of persons. Unlike ethics which applies to everyone, professional ethics only applies to members of a profession.
Ethics is a branch of moral philosophy. It deals with general moral principles and specific moral choices to be made by an individual. It is also defined as the science of morals.
Morals: rights and wrongs of law; how people should behave based on what you believe is right rather than what the law/ rules say is right or wrong.
Legal Ethics: set of rules regarding behavior of members of the legal profession. Legal ethics is the study of the relationship between morality and law, the values underpinning the legal system and the regulation of the legal service market including the judiciary and the legal system.
Definition of legal ethics according to the Black’s Law Dictionary: the standard of minimally acceptable conduct within the legal profession involving the duties that its members owe one another and the court.

Aim of Legal Ethics
Chief Justice Marshall on legal ethics: the fundamental aim of legal ethics is to maintain the honor and dignity of the law profession to secure the spirit of friendly cooperation between the bench and the bar in promotion of high standards of justice, to establish a honorable and fair dealings of the counsel and his client opponent and witnesses and to establish the spirit of brotherhood in the bar and to secure the lawyers’ discharge of responsibility in the community.
Ethics comes from the Greek word “ethos” meaning “something like morals”. It is defined as a systematic reflection of what is moral.
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