Chapter 1 Flashcards
Q: What terms are often used to describe the legal profession?
The legal profession is often referred to as “honourable” and “noble.”
Q: Why is it necessary to revert to high ethical standards in the legal profession?
To maintain the legal profession’s status as honourable and noble, high ethical standards must underpin and serve as the cornerstones of the practice of law.
Q: What did Kirk-Cohen J state in Law Society, Transvaal v Matthews about attorneys?
A: Kirk-Cohen J stated:
Attorneys are expected to uphold the highest standards by the profession and the Court.
The profession is more than a mere occupation to earn a living; it is a learned, respected, and honourable profession.
By entering the profession, attorneys pledge total and unquestionable integrity to society, the courts, and the profession.
Only the highest standards of conduct, repute, and good faith are consistent with membership in the legal profession.
The profession relies on public confidence and trust, which must be upheld by all members through exemplary conduct at all times.
Q: What qualities must members of the legal profession exhibit to inspire public trust?
Members must exhibit the highest standards of conduct, repute, integrity, and good faith.
Why is public confidence and trust crucial for the legal profession?
The legal profession can only function effectively if it inspires unconditional confidence and trust from the public.
How is the image and standing of the legal profession judged?
It is judged by the conduct and reputation of all its members.
Q: What guides a legal practitioner’s personal and professional conduct?
A legal practitioner’s conduct is guided by ethical norms and standards and their internal moral compass.
What are ethics?
A:
Rules of conduct recognized in respect to a specific group or culture.
Ethics are externally defined and serve as a framework for acceptable behavior.
What are morals?
A:
Principles or habits regarding right and wrong, serving as a personal compass.
Morality is individually adopted and upheld.
Q: Where do ethics and morals come from?
A:
Ethics: Derived from external sources, such as social systems, professional codes, or cultural norms.
Morals: Originated internally but influenced by culture, religion, and society.
Q: Why do we follow ethics versus morals?
A:
Ethics: Followed because society or a system says it is the right thing to do.
Morals: Followed because we believe in something being right or wrong.
How flexible are ethics compared to morals?
A:
Ethics: Dependent on others for definition and can vary between contexts.
Morals: Generally consistent but can change if personal beliefs evolve.
What is the “gray” area between ethics and morals?
A:
A person strictly following ethics may lack morals.
A person may violate ethics to uphold moral integrity.
What are the linguistic origins of ethics and morals?
A:
Ethics: Greek word ethos, meaning “character.”
Morals: Latin word moralis, meaning “manner, habit, or custom.”
How does acceptability differ between ethics and morals?
A:
Ethics: Governed by professional and legal guidelines in a particular time and place.
Morals: Transcend cultural norms and are universally personal.
What is one of the objectives of the Legal Practice Council?
To enhance and maintain the integrity and status of the legal profession
What is the statutory requirement for admittance to the legal profession under the Legal Practitioners Act?
Legal practitioners must be “fit and proper persons.”
Why is being “fit and proper” important for legal practitioners?
A:
It is a fundamental statutory requirement for admittance.
It is indispensable for avoiding expulsion from the legal profession.
Is there a specific framework defining “fit and proper” for legal practitioners?
No, there is no legislative or regulatory framework explicitly defining “fit and proper.”
What happens if a legal practitioner is found guilty of misconduct?
They may be struck from the roll, indicating the court no longer considers them “fit and proper” to serve.
What system has the legal profession developed to guide ethical conduct?
A system of professional codes and rules of conduct by which all legal practitioners must abide.
What two key questions should candidate attorneys consider regarding being “fit and proper”?
A:
What does it mean to be “fit and proper”?
How do I avoid being struck from the roll after being admitted?
What is the role of legal ethics in the legal profession?
A:
Ensures that lawyers meet the “fit and proper person” requirement.
Protects the public from unprofessional and unethical lawyers.
Guides lawyers to avoid pitfalls that may lead to being struck from the roll.
How do Christoffel Hendrik van Zyl IV and Jo-Mari Visser define legal ethics?
Legal ethics are:
The minimum standards of appropriate conduct within the legal profession.
Duties owed by lawyers to one another, their clients, and the courts.
Written regulations governing these duties.
