Deakin University
Browse

File(s) under permanent embargo

Legal ethics is (just) normal ethics: towards a coherent system of legal ethics

journal contribution
posted on 2003-01-01, 00:00 authored by Mirko Bagaric, P Dimopoulos
The standards governing how lawyers ought to conduct themselves consist of a number disparate principles and rules, which are devoid of an overarching rationale. We argue that legal ethics is not a stand-alone social construct. Rather, it is the application of normal ethical principles so far as they relate to the law. Approached in this manner, legal ethics becomes a far more coherent and justifiable institution. In this paper we apply general moral theory to several key dilemmas facing lawyers. This results in outcomes which some may find counter-intuitive. We conclude that lawyers should not do pro bono work; that the first cab rank off the rank principle is unsound and that there is no relevant difference between expressly misleading the court and putting the other side to the proof of its case.

History

Journal

Queensland University of Technology law and justice journal

Volume

3

Issue

2

Pagination

367 - 396

Publisher

Queensland University of Technology. Faculty of Law

Location

Brisbane, Qld

ISSN

1445-6230

eISSN

1445-6249

Language

eng

Publication classification

C1 Refereed article in a scholarly journal; C Journal article

Copyright notice

2003, Queensland University of Technology

Usage metrics

    Research Publications

    Keywords

    Exports

    RefWorks
    BibTeX
    Ref. manager
    Endnote
    DataCite
    NLM
    DC