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Lawyer ethics are specialized moral rules that lawyers must follow, outlined in the Code of Professional Responsibility. Lawyers have a special role in society and are held to a high standard of behavior. They must undergo a background check and pass an exam on legal ethics. The code ensures that lawyers put their clients first and do not abuse their power as officers of the court. The rules may differ from personal ethics, but they are in place to ensure a fair justice system.
Lawyer ethics are the moral rules that lawyers use to make decisions. They are distinct from personal ethics and are a specialized form of business ethics. In the United States, the ethical rules lawyers must follow are outlined in the Code of Professional Responsibility. Other countries have their own specific codes; the International Bar Association also has an International Code of Ethics.
Ethics, in general, refers to a set of principles that dictate the definition of correct moral behavior or a theory of moral values. Lawyer ethics are distinct from everyday ethics that people may apply in their own lives. Lawyers have a special function in society, which may require them to adhere to different ethical principles. While the ethical principles required of lawyers may differ from what an individual lawyer deems morally correct, the lawyer must still follow that ethical rule due to the special role he plays in society.
Lawyers act as officers of the court and are held to a high standard of behaviour. At every American Bar Association (ABA)-approved law school, for example, lawyers are required to take a course in legal ethics to learn the Code of Professional Responsibility. After taking the course, every prospective attorney must pass an exam called the Multistate Professional Responsibility Examination, which tests the attorney’s knowledge of this code of ethics.
Once a lawyer graduates from law school in the United States, he or she is required to undergo a background check or “moral standing” assessment before being allowed to obtain the bar in his or her state. This background check looks at a lawyer’s past history to determine if there is reason to believe that a lawyer is not behaving ethically. For example, a history of criminal convictions might disqualify a person from becoming a lawyer, because such a history would question the lawyer’s moral character.
Upon passing the advocacy, the lawyer’s ethics must always be governed by the rules learned in the law faculty contained in the Code of Professional Responsibility. This code is designed to ensure that the attorney puts his client’s needs first. It is also designed to ensure that no attorney abuses their power as an officer of the court.
The Professional Responsibility Code may establish ethical rules that differ from what a normal person would deem ethical. For example, if a client confesses his guilt in a homicide to his attorney, attorney ethics dictate that the attorney cannot legally disclose that information. The ethics rule is in place to ensure that the justice system runs smoothly, effectively and efficiently and that every individual has a fair trial.
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