What Should Law School Student Conduct Codes Do?

Abstract

In light of the recent wave of corporate scandals, renewed focus has been placed upon instruction in ethics in undergraduate and graduate education. This article examines one component of the infrastructure for instruction in ethics in legal education, the law school's student conduct code. Particularly, this article looks at the role student conduct codes may play in the training of future ethical legal practitioners, as well as the implications that role has with regard to the content of student codes. After considering the purposes of professional codes generally, and the context of legal education particularly, the article concludes that while student conduct codes are likely to play only a modest role in the training of future ethical legal practitioners, there is nevertheless significant benefit to be gained from a student conduct code that fosters an environment of fair academic competition, and an environment in which the integrity and effectiveness of core academic functions such as assessment and feedback are preserved. Thus, the article recommends that law school conduct codes emphasize a regulatory function over possible educational and aspirational functions, and proposes particular substantive and procedural code provisions to help to serve that goal.