Legal ethics is (just) normal ethics: towards a coherent system of legal ethics
journal contribution
posted on 2003-01-01, 00:00authored byMirko 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