SLIDES Flashcards
Consequentialism
“rightness” of action to be found in the results of what you do
Categorical reasoning
“rightness” of action to be found in certain duties, rights and virtues regardless of consequences-deontology
Spualding v zimmerman
Brief Fact Summary:
Defense counsel withheld information about a potentially life-threatening condition from the minor plaintiff during settlement negotiations.
Plaintiff discovered the condition two years later and moved to vacate the settlement, claiming he wouldn’t have agreed to it if he had known about the condition.
Synopsis of Rule of Law:
The case questions the extent of a lawyer’s duty to disclose information during settlement negotiations.
Facts:
Plaintiff, David Spaulding, was involved in a serious car accident.
Defendant’s doctor discovered a life-threatening brain aneurysm in plaintiff during examinations.
Defendant’s counsel chose not to disclose this information during settlement negotiations.
Plaintiff discovered the condition two years later.
Issue:
Can the prior settlement order be vacated on the grounds that Defendant knew of Plaintiff’s condition when Plaintiff did not?
Held:
Yes, the lower court was justified in vacating the settlement.
Although defense counsel had no specific ethical obligation to disclose the condition, they had reason to believe that the plaintiff wouldn’t have agreed to the settlement if aware of the condition.
Discussion:
Plaintiff’s status as a minor at the time of settlement is noted.
Had the plaintiff been an adult, they would likely be bound by the settlement but could have grounds for malpractice claims against their doctor and lawyer.
What is the code of ethics
excellence, compassion, accountability, respect, equality
Can legal ethics be taught
Should legal ethics be taught?
What are ethics?
What are legal ethics?
What is the purpose and function of legal ethics?
Where are legal ethics relevant and applicable?
What is the structure of the legal profession in South Africa?
What is the importance of legal etthics?
