Lawyer and Legal and Personal Ethics
Legal ethics
As the main objective in this essay we consider the existence of a relationship of legal ethics attached to the exercise of the profession as lawyers, for this we must be clear about the definition of ethics and how it develops in the workplace. On the one hand, we start from the relationship between ethics and morals in professional practice. If we take as a history of legal deontology with the moral duty of legal operators, it can be seen that ethics deals with analyzing values must be present and goals that must be achieved in the exercise of their profession. Professional ethics is related to personal and collective morals. This analysis is born that a lawyer must keep in mind that it is a server that defends the rights of its clients, so there is trust and responsibility.
Understanding ethics as the behavior that the human being has before a social group, it allows us. As a consequent, the work of the lawyer is the duty to safeguard and guarantee the legal-moral norms as well as the effective judicial protection of all citizens, and the ethical-legal means available. On the other hand we have morality that serve as guiding principles that regulate human behavior, and derive from the doctrinal option that they represent therefore there will be more moral as doctrines these are philosophical, religious, or even political.
Legal deontology also plays an important role when talking about legal ethics and as it influences the development of a lawyer at the time of exercising the profession, although deontology we understand it as the science that studies ethical duties,moral and legal that a profession must exercise, Ángela Aparisi (Aparisi, 2006) mentions and makes us understand that this moral demand anchored in the nature of a profession. From this we understand that all deontological norms are demands of professional ethics.
We can say then that in the exercise of law, the lawyer is a fundamental piece in the functioning of the administration of justice, the social function represents, the deontological norms that are completely necessary for the lawyer, given that he works with an ethical arsenalas important as a result of legal certainty, justice, loyalty, equity, among others. The lawyer-client relationship is involved in a series of guarantees that allow the reliability of its represented. These same guarantees are recognized and required by a deontological code, which facilitate a guide for principles and actions that the lawyer must follow during the procedure.
Although, we start from the recognition of ethics understood as the values where an individual acts according to his conscience, running the risk that the lawyer as a person may fall into the violation of the duties collected in the codes, due to lack of mechanisms thatsanction the violation of an individual ethical precept. Being clear all these concepts and ideas we will proceed to answer the question raised for this essay.
Do you think that professional ethics can have a tension in the effective exercise of the profession as a lawyer? To be able to answer this we must be clear three points and be able to differentiate them since they are important and it is personal ethics, professional ethics and theoretical ethics. Professional ethics can be specifically understood as codes and norms of conduct, which are usually applied in all professions, another way of understanding it according to (Undoc, 2019) is in relation to specific professions, and that all professions raise ethical issuesAnd so that the need for a professional ethic that conveniently expresses integrity into all professions, since many professions have their own ethical problems, and there are problems that arise from specific professions of professions, are conveniently.
Personal ethics are deeply attached to good and evil, and they help define who we are like people. Personal ethics applies to endless situations, specifically what we do in our private lives when we deal with our family or friends, and how we treat the people we talk to in public. For (undoc, 2019) personal ethics in conclusion includes values and norms that determine our actions, however this is not supported by our preferences or inclinations, we are still sure that our preferences are correct, to end the author emphasizes thatPersonal ethics must be constituted in principles not on personal opinion.
Theoretical ethics are doctrines developed by philosophical to direct thinking and ethical to utilitarianism, deontology and ethics of virtue. Utilitarianisms are the ethical decisions that evaluate the consequences of an action and that these actions try to end in greater good. Deontology supports decisions under principles and duties and that this approach must assume correct positions, even so has negative consequences. In response to our question above we can say that if there could be a tension and this between personal and professional ethics, which lead us to think about our ethical priorities, and it is not clear if we must follow our personal beliefs or obey or obeyWith the ethical standards of our profession. It is important to make it clear that codes of ethics themselves do not guarantee ethical behavior. It is not realistic to assume that all members of a profession will know at all times how to correctly apply their codes and that they always perform ethical actions.
Therefore, the level of compliance with the codes of ethics should be raised, it is important to cultivate the ethical competence of all professionals and at the same time they are taught the specific codes of their professions. Ethical competences require developing the ability of professionals to clearly see when one faces an ethical dilemma that demands an action based on the application of the ethical code or suggestions of competent authorities that understand how such codes are applied.
Bibliography
- APARISI, a. (2006). Ethics and deontology for jurists. Pamplona-Spain: Eunsa.
- Luban. (1988). Luban four steps strategy to solve problems related to role.
- UNODC. (2019). professional ethics . Vienna: Education for Justice .
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