Abstract
Examining the moral and societal implications of ethical norms, this dissertation explores the crucial role that they play in the legal system. It covers a wide range of legal ethics topics, from opposing commercialization to addressing global viewpoints and real-world issues, through academic research and case studies. Upholding ethical norms is vital in the face of developing norms and technology. Using the perspectives of international legal professionals, it highlights the critical role that ethical behavior plays in upholding the integrity of the legal profession and promoting justice and equity. In summary, it makes the case that upholding moral principles is not only a professional obligation but also a moral requirement essential to the welfare of society.
Introduction
Every profession has a special contribution to society and is essential to its growth and operation. Because of its dedication to advancing the common good, the legal profession stands out as being especially noble among them. The foundation of the legal profession, ethics governs its norms and procedures. Three primary parties are involved in the legal process: judicial officers, attorneys, and clients. In order to ensure that interactions are carried out in a polite and professional manner, professional ethics are crucial to the development and maintenance of beneficial relationships between these parties.
The vast array of values and guidelines that regulate lawyers’ behavior is known as legal ethics. Among these are the requirements for competence, which guarantees that attorneys provide informed and skilled representation; confidentiality, which requires attorneys to safeguard their clients’ information; and conflict of interest, which compels attorneys to stay out of circumstances that might jeopardize their ethics. The profession also requires lawyers to uphold justice and abstain from any kind of deceit or misbehavior. Integrity, honesty, and fairness are key components of this.
Moreover, legal ethics are dynamic and adapt to developments in society and the legal profession. Legal practitioners must stay informed and educated in order to properly adapt to this evolution and sustain ethical norms. In the end, upholding professional accountability and legal ethics is crucial to preserving public confidence and pursuing justice.
In order to better understand the significance of legal ethics for lawyers, the difficulties in adhering to them, and the systems in place to uphold them, this article will critically analyze and thoroughly review the body of literature currently available on the subject. Through this approach, the goal is to offer a thorough comprehension of how legal ethics influence legal practice and advance the welfare of society at large.
Literature Review
Historical Background
It is crucial to examine the legal profession’s traditional roots before attempting to understand its modern nature. Codes of conduct that specify attorneys’ obligations and moral obligations have traditionally governed the legal profession. These mid-19th-century codes placed a strong emphasis on serving the public interest in addition to professional virtues of independence, integrity, and self-determination.[1] Encouraging “good” legal practice, this social service ethos served as a hallmark for the profession.[2]
Legal Ethical Standards’ Development
The initial codes have been improved over time to strike a balance between the requirements of society and the economic self-interest of the profession.[3] There are similarities across contemporary codes of conduct in various countries, even though certain historical ideas, such as professional independence and the obligation to uphold the law, are still legally obligatory. For example, there is a constant emphasis on the duties of confidentiality, loyalty, and obligation to defend and protect the interests of clients. The idea that attorneys serve as “gatekeepers of justice” is another recurring topic, but there is ongoing debate over how realistic this idea is.[4]
The Value of Law and Ethics
In light of the constantly changing legal practice scene, it is imperative to emphasize the timeless significance of legal ethics. In order to maintain justice, equity, and the rule of law in society, legal experts are essential. Maintaining the public’s faith and confidence in the legal system is facilitated by ethical behavior in addition to protecting clients’ interests. Maintaining ethical standards also helps to uphold the professionalism and integrity of the legal profession by acting as a barrier against misbehavior and unethical activity.[5]
Modern Difficulties and Ethical Conflicts
A complicated terrain of performance expectations, diverse work practices, precarious employment, and a loose sense of professionalism and ethos characterizes the world of modern lawyers. Research shows that it might be difficult to maintain principles like independence and integrity while juggling competing demands. In today’s legal activity, conflicts between public and client interests, as well as between professional and commercial interests, are inevitable. It is believed that procedural moral codes and institutional regulations are essential to maintaining adherence to professional norms. Critical viewpoints contend, however, that new laws encouraging management accountability and economic globalization compromise conventional values and goals. The implications of formal disciplinary-professional standards are sometimes unclear because they seem detached from the realities of legal practice.[6]
Shift from Professionalism to Commercialism
The claim that profit-generation maxims and performance metrics, such profits per equity partner (PEP), have infused legal professionalism—once in opposition to principles driven by the market—is becoming more and more stronger. In place of professional accountability or thoughtful judgment, this change connects the value of law firms and the caliber of legal work with revenue.[7] Quantitative and financial indicators are particularly common in corporate law companies, indicating a broader shift away from the practice of law as a profession and toward “law as business.” Because of the UK’s Legal Services Act, which hastened the adoption of shareholder value logics in the legal profession, this phenomenon is especially noticeable in the Anglo-Saxon legal arena. [8]This act promoted a corporate “one-firm model” that functions across different jurisdictions by allowing ownership and control to be separated in law firms and facilitating the expansion of transnational US firms in the UK.[9]
Methodology
In order to investigate the function of attorneys and legal professional ethics, this study uses a desk analysis methodology. Desk analysis is the methodical examination of extant literature and court records in order to obtain a thorough grasp of the topic.
Analysis
The claim that the legal profession shouldn’t be viewed like a business emphasizes how crucial ethical standards are to maintaining the legitimacy and integrity of the legal system. Kalinga Indrathissa PC, persuasively argues that the legal profession’s core values go beyond simple business considerations. Rather, it stems from a deep dedication to maintaining justice, equity, and the rule of law. This viewpoint, which emphasizes that an attorney’s ethical duties to their clients, the courts, and society at large should never be compromised in the name of profit, is reminiscent of a deeply held belief in the legal community. Kalinga Indrathissa PC’s statement is a heartbreaking reminder that, although achieving financial success is a desired goal for lawyers, upholding the greatest ethical standards should always come first.
Recognizing Ethical Behavior in the Legal Profession
Being ethical in the legal field involves much more than just following the law. The sophisticated examination of ethical obligations by Dr. ARB Amarasinghe emphasizes the complexity of the lawyer’s job. Attorneys are court officers charged with the sacred responsibility of preserving the values of justice and fairness, not just service providers. Amarasinghe explains a complicated web of ethical responsibilities that include duties to the public, the judiciary, and clients. This sophisticated interpretation of legal ethics highlights the deep moral component that permeates the practice of law and stresses the critical significance of honesty, professionalism, and integrity in all facets of a lawyer’s job.
International and Sri Lankan Context on Legal Ethics
Legal ethics in the United States are overseen by a variety of national, state, and local bodies. These governing bodies are tasked with creating, explaining, and implementing ethical guidelines for attorneys. The American Bar Association (ABA) is a prominent national organization that plays a key role in shaping the legal field. The ABA Model Rules of Professional Conduct act as a foundation for state-specific regulations. Although the ABA itself does not have the authority to enforce ethical standards, its Model Rules have a significant impact on state policies and are commonly integrated, with adjustments, into different state laws. Also, the highest court in each state generally possesses the final say in regulating the legal profession within its jurisdiction. As a result, state supreme courts are responsible for implementing and revising rules of professional conduct, supervising disciplinary actions
Legal ethics in India are centered on ensuring that lawyers uphold the dignity and integrity of their profession. The regulatory framework, primarily based on the Advocates Act, 1961, and the rules set by the Bar Council of India, offers a comprehensive guide for professional behavior. It is imperative for advocates to continuously educate themselves and adhere to these ethical standards to maintain public trust in the legal system.
In Sri Lanka, legal ethics are governed by a combination of professional codes of conduct, statutory legislation, and case law. The primary regulatory bodies overseeing the legal profession in Sri Lanka are the Supreme Court and the Bar Association of Sri Lanka (BASL). These entities are responsible for monitoring the conduct of attorneys and ensuring compliance with ethical standards. The Supreme Court of Sri Lanka, in the exercise of its authority to establish rules under article 136 (1) g of the constitution, introduced the Supreme Court conduct of etiquette for attorneys at law rules in 1988.
Difficulties in Practice and Ethical Conundrums
The legal profession faces a variety of real-world difficulties as well as moral conundrums in an era characterized by swift technical innovation and evolving social standards. Social media platforms have transformed legal community networking and communication, but they also pose new ethical challenges in the areas of solicitation and advertising. Furthermore, there are worries that the growing commercialization of legal services could lead to a deterioration of moral principles in the name of profit. In our ever-changing world, acting ethically means more than just following the law; it means having a strong commitment to one’s own morality and one’s professional responsibilities. As seasoned professionals know, moral judgments are not limited to theoretical models but rather result from practical application and real-life encounters.
Critique of the Legal Profession’s Commercialization
Deep-seated concerns about the possible commercialization of justice and the degradation of professional standards are reflected in the argument against treating the legal profession like a business. Commercialization raises serious concerns regarding the priority of financial gain over moral issues, even as it may also bring about competition and market pressures. The unrelenting quest of profit, according to critics, poses a challenge to the fundamental values of justice, equity, and the rule of law that form the basis of the legal profession. In fact, the basic moral need that guides legal practice is incompatible with the idea of comparing legal services to commodities transactions. Therefore, the cry to protect the integrity of the legal profession from the invasion of business interests rings true as a strong plea to maintain moral principles in the face of business pressures.
Conclusion
In conclusion, the foundation of the legal profession is its adherence to ethical principles. Maintaining these standards takes more than just compliance; it calls for a sincere dedication to honesty, responsibility, and integrity. In addition to preserving the integrity of the legal profession, ethical behavior promotes equality and justice in society. Lawyers must constantly adjust to changing technology and societal norms while also considering their ethical obligations. By putting ethics first, attorneys uphold the public’s confidence and advance a fair and just society, reinforcing their position as the protectors of justice.
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[1] Hanlon, G. (1999). Lawyers, the state and the market: Professionalism revisited. Palgrave Macmillan.
[2] International Bar Association (IBA) (2011). International code of ethics. Retrieved June 18, 2021, from http://www.ibanet.org/images/ downloads/International_Code_of_Ethics.pdf.
[3] Backof, J. F., & Martin, C. L. (1991). Historical perspectives: Development of the codes of ethics in the legal, medical and accounting professions. Journal of Business Ethics
[4] Michelson, E. (2006). The practice of law as an obstacle to justice. Law & Society Review, 40(1), 1–38.
[5] Kuhn, T. (2009). Positioning lawyers: Discursive resources, professional ethics and identification. Organization, 16(5), 681–704.
[6] Moorhead, R., & Hinchly, V. (2015). Professional minimalism? The ethical consciousness of commercial lawyers. Journal of Law and Society, 42(3), 387–412.
[7] Faulconbridge, J., & Muzio, D. (2008). Organizational professionalism in globalizing law firms. Work, Employment & Society, 22(1), 7–25.
[8] Faulconbridge, J., & Muzio, D. (2008). Organizational professionalism in globalizing law firms. Work, Employment & Society.
[9] Ibid.
