INTRODUCTION AND

OVERVIEW OF
PROFESSIONAL ETHICS
AND PRACTICE

COURSE INSTRUCTOR:
ORIRI ONYANGO
HISTORICAL ORIGIN OF ETHICS
• The origin of ethics can be traced back to ancient civilizations such as the Greeks
and the Romans, where philosophers such as Socrates, Plato, and Aristotle debated
questions related to morality and the good life.
• In the Eastern tradition, ethical concepts can be traced back to Confucianism and
Taoism in China and Hindu and Buddhist teachings in India.
• In the monotheistic religions of Judaism, Christianity, and Islam, ethical principles
are often derived from religious texts and teachings.
• Overall, the study of ethics, or moral philosophy, has been a central aspect of human
thought and culture throughout history.
HISTORICAL ORIGINS OF LEGAL ETHICS
• The history of legal ethics can be traced back to ancient civilizations, where
codes of conduct for lawyers and judges were first established. For example,
in ancient Greece, the Code of Solon, written in the 6th century BC, included
provisions regulating the behavior of lawyers and judges.
• In the Middle Ages, the Catholic Church played a significant role in shaping
the development of legal ethics, through the canon law and the works of
theologians such as Thomas Aquinas. During this time, the idea of the
"lawyer as servant" emerged, emphasizing the importance of serving the
needs of clients and upholding the law.
• In the modern era, legal ethics has been shaped by the development of legal
systems and the professionalization of the legal profession. In the 19th century,
legal ethics became a more formalized discipline, with the establishment of
codes of professional conduct and the recognition of the need for lawyers to
uphold high standards of ethical behavior.
• Today, legal ethics continues to evolve in response to changing legal and social
conditions, and is governed by codes of professional conduct that outline the
ethical obligations of lawyers and judges. These codes address a wide range of
issues, including confidentiality, conflicts of interest, and the representation of
clients with conflicting interests.
• Overall, the history of legal ethics reflects a long tradition of professional
responsibility and ethical conduct in the legal profession, and underscores the
importance of maintaining high standards of ethical behavior for lawyers and
judges.
philosophical foundations of ethics
• The philosophical foundations of ethics vary, but some of the most prominent
include consequentialism, deontology, virtue ethics, and care ethics.
• Consequentialism holds that the morality of an action should be evaluated based
on its consequences, while deontology holds that certain actions are inherently
right or wrong regardless of their outcomes.
• Virtue ethics focuses on the character and habits of the moral agent, rather than
rules or consequences, as the key element of ethical thinking.
• Care ethics emphasizes the importance of empathy and caring relationships in
moral decision-making.
• As for lawyers, it is generally accepted that their decisions should be guided by
both legal principles and ethical considerations.
• Lawyers are expected to adhere to codes of professional conduct that outline
ethical standards for their behavior.
• While the specific rules can vary depending on jurisdiction, they typically
include obligations such as maintaining client confidentiality, avoiding conflicts
of interest, and upholding the law.
• In situations where ethical considerations and legal principles may conflict,
lawyers are faced with difficult ethical dilemmas, and the appropriate course of
action may not always be clear. In such cases, lawyers may need to weigh the
relevant factors and make a decision based on their own sense of morality and
professionalism.
SHOULD A LAWYER’S DECISION BE DETERMINED BY THE
MORALS (VALUES, NORMS AND VIRTUES) OR SHOULD A
PARTICULAR SITUATION BE USED TO ASSESS THE ETHICAL
CONDUCT OF AN ADVOCATE?
• The determination of a lawyer's decision can involve a combination of values, norms,
and virtues, as well as an assessment of the particular situation.
• Values, norms, and virtues are the foundation of professional ethics and provide
guidance on how lawyers should behave in a wide range of ethical situations. For
example, values such as honesty, integrity, and objectivity form the basis of a lawyer's
ethical obligations, while norms such as client confidentiality and the duty to avoid
conflicts of interest provide more specific guidance on how these values should be
applied in practice. Virtues such as empathy, compassion, and fairness can also play a
role in guiding a lawyer's ethical decision-making.
• However, while these values, norms, and virtues provide a foundation for ethical
decision-making, they must be applied in the context of specific situations. A
lawyer's ethical conduct should be assessed on a case-by-case basis, taking into
account the unique circumstances and facts of each case.
• In summary, a lawyer's ethical decisions should be determined by a combination of
values, norms, and virtues, as well as a careful assessment of the particular
situation. This holistic approach helps to ensure that lawyers make decisions that
are consistent with their ethical obligations and that serve the best interests of their
clients and the wider community.
DEFINITION OF ETHICS
• Ethics refers to the branch of philosophy that deals with moral principles and
values. It is concerned with questions about what is right and wrong behavior,
good and bad character, and justice and fairness.
• Ethics seeks to provide guidance for individuals in their personal and
professional lives and to help them make decisions about how to act in a way that
is consistent with their moral values and principles.
• Ethical theories and principles provide a framework for thinking about moral
issues, but the application of these principles to specific situations can be
complex and challenging.
• Ethical decision-making often involves weighing competing values and interests,
and considering the consequences of one's actions for oneself and others.
NATURE AND SCOPE OF PROFESSIONAL ETHICS
• Professional ethics refers to the moral principles and values that guide the
behavior of individuals in their professional roles.
• The nature and scope of professional ethics vary depending on the profession, but
some common themes include a commitment to competence, integrity, objectivity,
confidentiality, and professional responsibility.
• The nature of professional ethics often involves a balancing of the interests of the
individual professional, their clients or customers, and society as a whole. For
example, in the medical profession, a physician must uphold the principle of
patient confidentiality while also being mindful of their obligations to report
information that may pose a risk to public health.
• Professional ethics also encompasses the idea of a "duty of care," which refers to
the responsibility that professionals have to perform their work in a manner that
protects the interests of those they serve. This includes taking steps to avoid
conflicts of interest, maintaining the highest standards of competency, and acting in
a manner that preserves the public's trust in the profession.
• In many professions, there are codes of ethics or professional conduct that outline
the specific standards and expectations for behavior. These codes provide guidance
for professionals and serve as a benchmark for ethical decision-making. The
violation of professional ethics can result in disciplinary action, loss of licensure, or
other consequences.
RELEVANCE OF PROFESSIONAL ETHICS IN ADVOCACY
PRACTICE
• Professional ethics are highly relevant in the advocacy practice, as lawyers are
expected to adhere to strict standards of professional conduct.
• Ethical considerations play a crucial role in the work of lawyers, as they help to ensure
that the legal profession is held in high regard and that the rights and interests of
clients are protected.
• Some of the key areas where professional ethics are particularly relevant in the
advocacy practice include:
• a) Confidentiality: Lawyers are required to maintain the confidentiality of their clients
and their clients' information, and to use this information only for the purpose of
representing their clients.
• b) Conflict of interest: Lawyers must avoid conflicts of interest, which can arise when
they represent clients with interests that are in conflict with one another.
RELEVANCE OF PROFESSIONAL ETHICS IN ADVOCACY
PRACTICE CONT.'
• c) Professionalism: Lawyers are expected to act with integrity, objectivity, and
professionalism at all times, and to maintain the highest standards of ethical conduct.
• d) Duty to the court: Lawyers have a duty to act in the best interests of their clients,
but they must also respect the integrity of the legal system and act in a manner that
upholds the rule of law.
• e) Advocate's role: Lawyers must understand and adhere to their role as advocates, and
must not use their position to engage in unethical or illegal behavior.
• In summary, the relevance of professional ethics in advocacy practice lies in the
critical role that lawyers play in upholding the rule of law and protecting the rights and
interests of their clients.
• By adhering to strict ethical standards, lawyers ensure that the legal profession is held
in high regard and that clients receive the highest level of representation and
protection.
LAW AS A PROFESSION AND NOT A BUSINESS
• Law is often considered a profession, rather than a business, due to the ethical and
social obligations that come with the practice of law.
• In a profession, the focus is on serving the public good and helping clients by
providing expert knowledge and guidance.
• In contrast, a business is focused on making a profit and maximizing revenue.
• The distinction between a profession and a business is important for the legal
profession because it reflects the unique ethical obligations that lawyers have to their
clients and to the wider community.
• Lawyers are bound by codes of professional conduct that outline their ethical
obligations and responsibilities, such as maintaining client confidentiality, avoiding
conflicts of interest, and upholding the law.
• These obligations are based on the idea that the practice of law is a public trust, and
that lawyers have a responsibility to act in the best interests of their clients and to
protect the integrity of the legal system.
LAW AS A PROFESSION AND NOT A BUSINESS CONT.'
• In contrast, the focus of a business is on maximizing revenue and generating
profits.
• While businesses may have ethical obligations, these are often driven by
considerations of reputation and legal liability, rather than a duty to serve the public
good.
• In summary, the distinction between law as a profession and law as a business
highlights the unique ethical obligations that lawyers have, and underscores the
importance of maintaining high standards of professional conduct in the legal
profession.
QUESTIONS

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