Exam (elaborations)
LJU4802 - Professional Ethics _ (DETAILED ANSWERS) Semester 1 2024 - DISTINCTION
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LJU4802 - Professional Ethics _ (DETAILED ANSWERS) Semester 1 2024 - DISTINCTION
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8/2/24, 5:37 AMLJU4802 - Professional Ethics
Jeremiah
Terms in this set (31)
• protect the professional nature of legal services by stressing the obligation of
professionals to serve justice and the public
• correct the imbalance in the relationship between the professional and the client
• maintain public confidence
What are the functions of a code of legal • protect the public against improper conduct or incompetence by prescribing and
ethics? guaranteeing the standards of skill, learning and conduct required
• provide practitioners and newcomers with broad parameters for making morally
responsible choices in testing situations
• ensure fair competition between legal practitioners
• discipline unprofessional behaviour
- aka accusatory system
- 2 parties face each other (eg state and accused)
- role of legal representative and judge are clearly separated
- judge acts as an impartial referee, who listens toboth sides of the case and must see
to it that the various legal representatives adhere to the procedural rules
Adversial Legal System - judge must ascertain the true version of the facts and apply the law objectively to
these facts
- legal practitioners focus on the client interest and do not really strive for justice
- legal practitioners act as mouth piece for clients
- judge decides if accused is guilty
- legal representative is not independent or impartial - only listens to client side
- Adv do not accept briefs directly from clients - must be briefed by an attorney
- attorney initiates the contract between adv and client, negotiates fees, instructs adv,
etc
- in public interest for courts to enforce the referral rule
- advocates may not take instructions directly from lay clients and can do so only with
Referral rule the intervention of an attorney - is fundamental to the advocates' profession.
- the purpose of the referral rule is to protect members of the public because
advocates do not hold trust accounts. He added that it does so effectively and that it is
not designed or implemented in order to deny disadvantaged citizens access to
advocates or to courts. 'Moreover, the referral rule applies regardless of whether the
advocate is a member of an established Bar or the independent Bar
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, 8/2/24, 5:37 AM
- the demise of the belief in the universal validity of a particular (Western) life style or
morality
- the celebration of difference
Post modernism is characterized by
- the rejection of absolutes as well as universals
- the recognition of the necessity to accept uncertainty and indeterminacy as a way of
life
(1) the time and labour required, the novelty and difficulty of the questions
An advocate may charge only reasonable
involved and the skill required to properly conduct the case
fees for services rendered. In determining
(2) the customary charges by counsel of comparable standing for similar services,
the
and
amount of the fee, it is proper to consider
(3) in cases regarding money, the amount involved in the controversy and its
the following
importance to the client
- contract brings about the duty of confidentiality
- attorney may not divulge confidences or communications made to him by the client in
the course of their professional relationship
- applies to oral and writing
- even if client admits to a crime
- attorney's duty of confidentiality and the client's corresponding right to confidentiality
Confidentiality between client and attorney continue even after the attorney-client relationship has come to an end. only client may
waive this right.
- confidential communications made with a view to litigation as well as all confidential
communications made for the purpose of giving or receiving legal advice or assistance,
are considered "privileged info"
- to divulge this kind of info would not promote the proper functioning of the litigation
process or the legal system in its entirety
- between legal practitioner & client
- legal practitioner agrees to charge the client no fee if the claim is unsuccessfully
prosecuted
- if successful, legal practitioner can recover a fee in excess of his normal fee since he
What is a contingency agreement bears the risk of the losses occasioned by unsuccessful litigation
- enhance access to justice coz it enables litigants who would otherwise not be able to
afford it to obtain legal representation to prosecute their claims.
- contingency fee arrangements are an exception to the rule that a legal practitioner
should not have a personal financial interest in the outcome of a matter
- parties are not on equal footing so the potential for the attorney to abuse his position
Disadvantage of contingency agreement of power is of great concern
- unethical behavior may manifest
- study of moral discourse
What is ethics?
- studies and presents arguments concerning talk about morals and moral behaviour
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