Abstract

When young law graduates enter the legal profession they will undoubtedly be exposed to difficult situations that will demand of them to make difficult decisions, often having to balance conflicting systems of belief and ideas on what ethical behaviour entails. Legal ethics training in law faculties the world over often neglects teaching aspects of morality to focus on reviews of rules of professional legal conduct. This article argues that if legal education is to adequately prepare law graduates for legal practice, it must offer more than reviews of these codes of conduct. To properly assist law students in avoiding pitfalls which may lead to disciplinary action, they must be taught to appropriately use their moral compasses.
 This narrative aims to show that the metaphorical moral compass, with the cardinal virtues as possible main points, may serve as the crucial and underlying guide in the avoidance of the pitfalls which may result in a person being struck from the roll, but more than that, that it may aid in the pursuit of personal dreams or goals. The article contributes to the literature on legal ethics by foregrounding the virtues that pertain to sound conduct in a lawyer, as opposed to the rules and codes, in the hope that this may help legal practitioners to decide on what is right and what is wrong.
 

Highlights

  • In recent years, public perception of the legal profession in South Africa has been tainted by media reports about professional misconduct.[2]

  • Since no legislative or regulatory framework exists to describe exactly what it is to be fit and proper, and since it is clearly the cornerstone upon which entry to legal practice rests, law students approaching the dawn of their careers may rightly ponder the questions: "What is meant by 'fit and proper'?" or "How do I avoid being struck from the roll?" A good place to look for the answers to these questions is the professional codes of conduct, for example

  • If legal ethics plays a role in helping a person to be fit and proper, what role does a moral compass have? In order to explore the relation between legal ethics and the moral compass, we need to explore what each is

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Summary

Introduction

Public perception of the legal profession in South Africa has been tainted by media reports about professional misconduct.[2]. General lawlessness and the relaxation of moral bonds emphasise why focus on the moral compass is important and necessary for law students and lawyers.[15] In everyday legal practice, attorneys and advocates are expected to make difficult decisions in often difficult circumstances This process frequently requires legal practitioners to balance conflicting systems of belief.[16] In a country as diverse in culture, beliefs and customs as South Africa, decisions on what is moral and immoral can potentially be complicated and uncertain. To assist lawyers in avoiding ethical pitfalls and ambiguity in deciding on what is right and wrong, the legal profession has developed a system of professional codes and rules of conduct by which its members must abide.[17] But while these codes and rules of conduct establish wide parameters of acceptable and unacceptable conduct, they do not inform on fit and proper character and moral formation.[18].

Legal ethics and the moral compass
Legal ethics briefly explored
Moral compass briefly explored
The cardinal virtues – the main four points of your compass
What is a virtue?
Justice
Conclusion
Literature
Full Text
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