Legal ethics
Encyclopedia
Legal ethics encompasses an ethical code
governing the conduct of persons engaged in the practice of law
and persons more generally in the legal sector.
Each state or territory has a code of professional conduct
dictating rules of ethics. These may be adopted by the respective state legislatures and/or judicial systems. The American Bar Association
has promulgated the Model Rules of Professional Conduct which, while formally only a recommendation by a private body, have been influential in many jurisdictions. The Model Rules address many topics which are found in state ethics rules, including the client-lawyer relationship, duties of a lawyer
as advocate in adversary proceedings, dealings with persons other than clients, law firms and associations, public service, advertising, and maintaining the integrity of the profession. Respect of client confidences, candor toward the tribunal, truthfulness in statements to others, and professional independence are some of the defining features of legal ethics.
Law school
s in the United States are required to offer a course in professional responsibility
, which encompasses both legal ethics and general matters of professionalism that do not present ethical concerns.
) that polices lawyer conduct. When lawyers are licensed to practice in a state, those lawyers subject themselves to this authority. Overall responsibility often lies with the highest court in a state (such as state supreme court
). The state bar associations, often in consultation with the court, adopt a set of rules that set forth the applicable ethical duties. As of 2007, 47 states have adopted a version of the American Bar Association's model rules. One state, New York
, follows a version of the ABA's older ethical model, the Model Code of Professional Responsibility. California
and Maine
are the only states that have not adopted either—instead these states have written their own rules from scratch. There is some debate over whether state ethical rules apply to federal prosecutors. The Department of Justice has held differing opinions through different administrations, with the Thornburgh Memo
suggesting these rules do not apply, and the Reno Rules
asserting that they do apply.
Lawyers who fail to comply with local rules of ethics may be subjected to discipline ranging from private (non-public) reprimand to disbarment
.
Ethical code
An ethical code is adopted by an organization in an attempt to assist those in the organization called upon to make a decision understand the difference between 'right' and 'wrong' and to apply this understanding to their decision...
governing the conduct of persons engaged in the practice of law
Practice of law
In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the professional services of a lawyer or attorney at law, barrister,...
and persons more generally in the legal sector.
In the United States
"Legal ethics" in the United States is generally understood to primarily apply to lawyers, while codes of professional responsibility also apply in a derivative sense (indirectly) to non-lawyers who work with lawyers, such as paralegals or private investigators. In the United States, the practice of law is regulated by the governments of the individual states and territories. As a whole, federal law does not control legal ethics.Each state or territory has a code of professional conduct
Professional conduct
Professional conduct is the field of regulation of members of professional bodies, either acting under statutory or contractual powers.Historically, professional conduct was wholly undertaken by the private professional bodies, the sole legal authority for which was of a contractual nature...
dictating rules of ethics. These may be adopted by the respective state legislatures and/or judicial systems. The American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
has promulgated the Model Rules of Professional Conduct which, while formally only a recommendation by a private body, have been influential in many jurisdictions. The Model Rules address many topics which are found in state ethics rules, including the client-lawyer relationship, duties of a lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
as advocate in adversary proceedings, dealings with persons other than clients, law firms and associations, public service, advertising, and maintaining the integrity of the profession. Respect of client confidences, candor toward the tribunal, truthfulness in statements to others, and professional independence are some of the defining features of legal ethics.
Law school
Law school
A law school is an institution specializing in legal education.- Law degrees :- Canada :...
s in the United States are required to offer a course in professional responsibility
Professional responsibility
Professional responsibility is the area of legal practice that encompasses the duties of attorneys to act in a professional manner, obey the law, avoid conflicts of interest, and put the interests of clients ahead of their own interests....
, which encompasses both legal ethics and general matters of professionalism that do not present ethical concerns.
United States
Every town in the United States has a regulatory body (usually called a state bar associationBar association
A bar association is a professional body of lawyers. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both...
) that polices lawyer conduct. When lawyers are licensed to practice in a state, those lawyers subject themselves to this authority. Overall responsibility often lies with the highest court in a state (such as state supreme court
State supreme court
In the United States, the state supreme court is the highest state court in the state court system ....
). The state bar associations, often in consultation with the court, adopt a set of rules that set forth the applicable ethical duties. As of 2007, 47 states have adopted a version of the American Bar Association's model rules. One state, New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, follows a version of the ABA's older ethical model, the Model Code of Professional Responsibility. California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
and Maine
Maine
Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...
are the only states that have not adopted either—instead these states have written their own rules from scratch. There is some debate over whether state ethical rules apply to federal prosecutors. The Department of Justice has held differing opinions through different administrations, with the Thornburgh Memo
Thornburgh Memo
The Thornburgh Memo was a U.S. Department of Justice memorandum prepared by then Attorney General Richard Thornburgh, on June 8, 1989. The memo declared that state ethics rules were not binding upon federal prosecutors...
suggesting these rules do not apply, and the Reno Rules
Reno Rules
The Reno Rules were ethical rules for federal prosecutors promulgated in the Code of Federal Regulations by then Attorney General Janet Reno. The rules, despite their issuance, lacked statutory authority and were unenforceable. See United States v. McDonnell Douglas Corp., 132 F.3d 1252 . The rules...
asserting that they do apply.
Lawyers who fail to comply with local rules of ethics may be subjected to discipline ranging from private (non-public) reprimand to disbarment
Disbarment
Disbarment is the removal of a lawyer from a bar association or the practice of law, thus revoking his or her law license or admission to practice law...
.
External links
- State Bar of California Professional Responsibility (Legal Ethics)
- The California State Bar Discipline System - How It Works
- New York Professional Responsibility Report (NYPRR)
- LII Law about... Professional Responsibility (Legal Ethics)
- The Association of Professional Responsibility Lawyers (APRL)
- The Legal Information Institute at Cornell University (U.S.)
- Canadian Bar Association Code of Conduct