Chapter 1

Introduction

“For the things we have to learn before we can do them, we learn by doing them.”

Aristotle

Our purpose in writing this book is to enrich the minds of scholars who intend to pursue to read law
and aspire to become respected, ethical and good lawyers. This book will provide you with a glimpse
of the legal profession and the path lawyers walk on their journey to court.

One of the best ways to stand out among your peers is through demonstrating practical ability. As a
law school graduate, you will be highly marketable if you can “hit the ground running.” You can fit
this description by acquiring as many practical legal skills as possible at law school.

It is therefore imperative that you understand the science of experiential learning – the process of
acquiring new skills through practical experiences.

The skills possessed by a lawyer are skills of the mind and in this book we shall open your mind to
think out of the box and to see a scenario with lenses you have never used before.

Analytical Skill is the reading of substantive law and legal procedure with an open mind; identifying
issues; eliminating unrealistic outcomes; evaluating exposure; minimising risk; assimilating
information from multiple sources; creating strategies for resolution; motivating and coordinating
action from multiple parties; and interpreting facts.

Research and Writing Skills are the skills of conducting legal enquiries using legal research. It is also
the ability to write memoranda, letters, emails, articles, summaries of meetings or events, as well as
draft contracts and other legal documents used in practice and in preparing legal opinions.

Communication Skill is the ability to communicate either verbally or or in written formby drafting
legal letters and legal documents in a manner that embodies the law in a way that the client, court
and authorities can understand.

This book shall enrich you with attributes of ethics and of integrity as well as honesty; and nurture a
law scholar in striving to maintain and respect the Rule of Law and conduct himself with
professionalism and to be an epitome of justice and gatekeeper of fundamental human rights.

The reservoir of public distrusts, whether justified or not, is deep enough to require a fundamental
shift not just in regulation but also in prevention.
Chapter 2
Research

A world void of research is a world void of educated knowledge and information.

Research is a careful and detailed study into a specific problem, concern, or issue using scientific and
other methods. This is best accomplished by turning the issue into a question, with the intent of
researching to answer the question.

Research can be categorised as exploratory, descriptive, analytical or predictive

Exploratory Research

This is carried out by looking at patterns, ideas, frequency of actions and is then studied to reach a
finding.

Descriptive Research

This research is carried out by classifying and identifying the elements and characteristics of the
subject at hand.

Analytical Research

This can be viewed as an extension of the exploratory research as it goes one step further to ask the
“why” and “ how” questions. It seeks to unravel the underlying cause of an action.

Predictive Research

Based on information gathered and studies, predictive research aims to speculate intelligently, using
data and evidence and information, the occurrence of an action in the future. It is pre-occurrence
rather than post occurrence. The questions then asked are “when“ and “where” an action may
occur.
Research can be approached by two main pathways depending on the outcome the researcher aims
to obtain from carrying out the research.

Quantitative Research

Quantitative research is where the researcher collects a pool of data, big data, and proceeds with
analysing numerical and other data in a statistical, mathematical, or computational technique. The
research starts with a volume of data and through a detailed and structured process this data is
collated and presented.

Qualitative Research

This research approach is more subjective in nature and it involves examining and reflecting on less
tangible aspects of research such as values and attitudes and perceptions. It is used to gain an
understanding of underlying reasons, opinions, and motivations. Qualitative research focuses on
understanding a research query as a humanistic or idealistic approach.

In conclusion quantitative data is information about quantities, and therefore numbers, and
qualitative data is descriptive, and regards phenomenon which can be observed but not measured,
such as values or ideals.

There are two main research philosophies which identify articulately researched methodologies in
carrying out research.

Positivistic

•Surveys
•Experimental studies

•Longitudinal studies

•Cross sectional studies

Phenomenological

•Cross studies

•Action research

•Ethnography

•Participative research

•Feminist research

•Grounded research

Positivistic research is the term used to describe an approach to the study of society that relies
specifically on scientific evidence, such as experiments and statistics, to reveal a true nature of how
society operates.

Surveys

Surveys involve selecting a random group of people who will offer unbiased and an objective
perspective on a given issue, subject matter of one’s research. There are two main types of survey.
First being a descriptive survey which involves identifying elements of a subject matter and the
second is an analytical survey which in turn is about analysing the relationship between different
elements or variables.

Methods of administering a survey include telephone calls, face to face interview or by a

Experimental studies

Experimental studies are carried out in a carefully controlled and structured environment. The
variables may be manipulated and changed to better understand the result of the experiment.

These studies are carried out in laboratories and are used to enhance the knowledge of science.

Longitudinal studies

These are studies of variables or elements over a period of time. It is to observe the effect that time
has on a situation under observation and to collect primary data (first hand data) of these changes.
These studies are usually carried out over many years.

Cross sectional studies

This is a study involving a cross section of society namely the differences and similarities in opinions
of groups and organisations on a given subject matter.

Phenomenological Research aims to describe, understand and interpret the meanings of experiences
of human life.

Case studies
Case study provides the researcher an opportunity to study a particular subject or case and it
involves gathering data for the purpose of analysing that data. This method of research in law is
called the study of precedents or past cases on a particular subject.

Action research

Action research involves an intervention by the researcher to influence change in any given situation
and then to monitor and evaluate the results that stem from the changes. The researcher enters into
the situation by introducing new techniques and monitors the results; it requires active participation
by the researcher.

Ethnography

This methodology of research stemmed from anthropology and a close study of society. This method
of research requires the researcher to become a working member of the group that is being studied
and it is from being within the group that the researcher obtains his data and outcome. It is derived
from the viewpoints of the members of a given society.

Participative enquiry

This methodology of research engages the entire group of participants within a cluster or group.
One’s own group is studied to derive answers. The whole group may be involved in the research and
the emphasis is on sharing, agreeing, cooperating, and making research process open and available
to all within the group.

Feminist perspective

Reflecting on feminist epistemology, namely the claim that there are distinctively feminist
perspectives on the theory of knowledge emerged only at the end of the 1970s. Prior to the 1970’s
,women were marginalised and their contribution to society were belittled or seen as unimportant.
Soon research from a feminist perspective slowly emerged on issues of female experiences that
would benefit society as a whole, and particularly women.

There are three methods in which an interview may take place when carrying out the research using
the methodology, as discussed earlier.

[Link] interviews

This is the use of a set of predetermined structured questions. An identifiable flow of questions
could be easily seen. It follows a progress of questions on a particular issue.

[Link] Structured interviews

There is theme. The interviewer would prepare questions based on this theme and as the
conversation evolves, the interviewer would raise more questions but will always stick to the theme.

[Link] interviews

This is an informal discussion of a particular issue. The interview is spontaneous and questions are
unprepared, but there would be a pre decided range of topics that the interviewer would explore.

Ethical considerations that would have to be considered and appreciated when carrying out research

There are several reasons why it is important to adhere to ethical norms in research. First, norms
promote the aims of research, such as knowledge, truth, and avoidance of error

Second, since research often involves a great deal of cooperation and coordination among many
different people in different disciplines and institutions, ethical standards promote the values that
are essential to collaborative work, such as trust, accountability, mutual respect, and fairness.

Third, many of the ethical norms help to ensure that researchers can be held accountable to the
public. For instance, federal policies on research misconduct, conflicts of interest, the human
subjects’ protections, and animal care and use are necessary in order to make sure that researchers
who are funded by public money can be held accountable to the public.
Fourth, ethical norms in research also help to build public support for research. People are more
likely to fund a research project if they can trust the quality and integrity of the research.

Finally, many of the norms of research promote a variety of other important moral and social values,
such as social responsibility, human rights, animal welfare, compliance with the law, and public
health and safety

Having understood the need for ethical considerations when carrying out research, let us now
examine those considerations.

[Link]

Confidentiality also known as privacy is the heart of ethical practice. The researcher should uphold
the privacy of the participant and should not disclose the identity of the said research participant
either during the research or after the research. A participant would be more willing and free to
share information and perceptions if the participant is confident that the information or perceptions
are confidential or indeed the participant’s identity.

[Link]

Consent should be fully informed and it is upon the researcher’s shoulder to carry the responsibility
to ensure that the participant fully and thoroughly understands what he is consenting to, such as
sharing or publishing his or her information. When one is seeking to obtain the consent of the
participant, there must be no expectations. A written consent is akin to words engraved in stone.

[Link]

One should maintain the highest standards of ethical and academic professionalism when carrying
out research. In particular, one must respect the academic works of authors and fellow researchers
by complying with academic conventions on referencing and citations.
[Link] nature of participation

This emphasises the voluntariness of a participants’ participation in the research and the right of
individuals to withdraw from the research at any time.

[Link]

Strive to avoid bias in experimental design, data analysis, data interpretation, peer review, personnel
decisions, grant writing, expert testimony, and other aspects of research where objectivity is
expected or required.

[Link]

Avoid careless errors and negligence; carefully and critically examine your own work and the work of
your peers. Keep good records of research activities, such as data collection, research design, and
correspondence with agencies or journals.

Given the importance of ethics for the conduct of research, it should come as no surprise that many
different professional associations, government agencies, and universities have adopted specific
codes, rules, and policies relating to research ethics.

Chapter 3

Sources of Law in the UK

Introduction

After acquiring the practical legal skills, lawyers must also be familiar with the legal system of the
country in which they are practicing in.
Therefore, if a lawyer wishes to practice law in the UK, he or she is required to know and have a
sound understanding of the various sources of law that operates in the English legal system.

There are four principal sources of law in the UK:

[Link] made by Parliament which is referred to as ‘legislation’, ‘statute’ or an ‘Act of Parliament’. It is

[Link] decided in the courts which is referred to as ‘common law’ or ‘case law’. Decisions of judges in
particular cases are applied by other judges in later cases through the process of known as judicial
precedent

[Link] Union law which is referred to as ‘EU law’ which comprises laws from the European
Commission, Council of Ministers and Court of Justice of the European Union.

[Link] Convention on Human Rights which is often referred to as Human Rights Law or ECHR
from the European Court of Human Rights (ECtHR). The ECHR has been incorporated into UK law
through the Human Rights Act 1998 (HRA 1998).

[Link] UK Parliament and statutes

In the UK, the supreme law-making body is the UK Parliament. The UK Parliament is divided into two
‘chambers’ as follows:

•the House of Commons, which consists of democratically elected Members of Parliament (MPs);
and

•the House of Lords, which consists of members who are appointed and some who have inherited
the right to serve in the House of Lords.

A valid ‘Act of Parliament’ in the UK is a written law which is the end product of a long legislative
process in Parliament. The legislative process of an Act of Parliament usually begins with the
introduction of a draft ‘Bill’ in Parliament.
Before a Bill is introduced to Parliament, the government will normally go through a process of
consultation. They will publish what is called a ‘Green Paper’, which sets out the tentative proposals
for changes to the law, and invite comments. Green Papers were first used in 1967 and are now
usually used as part of the legislative process. This will be followed by a ‘White Paper’, which
contains the government’s firm proposals for new law and may have the draft Bill attached.
Following consultation, the draft Bill is introduced in Parliament and then debated, discussed and
amended.

Once a Bill has gone through all of the necessary Parliamentary processes it will be signed by the
Queen (Royal Assent) and then will be published as an Act. A valid Act of Parliament takes
precedence over common law or case law and other sources of law except European Union law (EU
law).

The distinction between primary and secondary legislation

It is also important for all lawyers in the UK to understand the distinction between ‘primary
legislation’ and ‘secondary legislation’. Primary legislation refers to Acts of Parliament or statutes.
Because it often takes a long time for primary legislation to get through all of the various stages in
the Parliamentary process, the drafting of Acts may contain only broad provisions or rules.

The detailed rules are produced later under the authority of the Act. These detailed rules are known
as secondary legislation or ‘statutory instruments’ and take the form of ‘regulations’, ‘rules’ or
‘orders’. They have the force of law, but can be implemented with less scrutiny than primary
legislation.

[Link] courts and the common law in the UK

Common law refers to the law which is found in decisions of the courts rather than legal rules
contained in an Act of Parliament. Common law in the UK is also referred to as case law or “judge-
made law”.

Common law is an important source of law in the English legal system because most of the
fundamental legal rules and principles have been established by judges in cases decided by the
courts in the UK. For example, the sources of law for Contract Law is mostly found in common law.
For example, the formation of a contract (i.e. case laws on offer, acceptance, consideration and
intention to create legal relations).
When a lawyer or judge is looking for the rules on the formation of contract they will refer to the
relevant and important cases which set out the legal principles on the formation of a contract. In
other words, they will be looking at case law or ‘legal precedents’ which establish the relevant legal
principles.

[Link] Union law

At present, the European Union (EU) is an economic and political partnership between 27 European
countries, created after the Second World War. The initial approach was to encourage economic
cooperation on the assumption that economic interdependence might avoid future conflict. The EU
now encompasses both economic and political union. It is based on the rule of law and its laws are
based on treaties that have been democratically agreed by all member countries.

Since the UK joined the EU in 1973, laws from the European Parliament, European Council and
European Commission govern certain activities and practices in the UK. Since the enactment of the
European Communities Act 1972, European Law takes precedence over domestic law.

If there is a conflict between English domestic law and European law, for example in the field of
equal pay, the English courts must apply European law. Matters concerning the interpretation and
implementation of European law are dealt with by the Court of Justice of the European Union (CJEU)
which sits in Luxembourg.

The 2016 referendum and Brexit

On 23 June 2016, the UK held a referendum on whether to leave or remain in the EU. The majority
of the voters voted to leave the EU which is better known as BREXIT. The then and former British
Prime Minister, Theresa May started the formal process of leaving the EU at the end of March 2017.

The UK’s withdrawal from the EU requires a Treaty. The original Withdrawal Agreement (WA)
negotiated by former Prime Minister Theresa May was rejected by the House of Commons.

Theresa May then resigned in July 2019 and was replaced by Boris Johnson who had to renegotiate
the UK’s withdrawal from the EU which eventually lead to the passing of the European Union
(Withdrawal Agreement) Act 2020 which became law on 23 January 2020. This paved way for the UK
to leave the European Union on 31 January 2020 and the UK is therefore no longer a Member State
of the EU.
During the implementation period agreed between the EU and the UK (that is, until 31 December
2020), EU law will still continue to apply to the UK under the terms of the agreed Withdrawal
Agreement. EU law will therefore remain a source of law in the UK until then.

[Link] Convention on Human Rights (ECHR)

The European Convention on Human Rights (ECHR) is an international treaty which was drafted in
1950 and came into effect in 1953 having been signed by European nations who were members of
the Council of Europe, a body set up in Strasbourg in France after the Second World War. The UK
signed up to the Convention in 1953 and was one of the first countries to do so.

In 1998, the UK passed the Human Rights Act 1998 which incorporated directly into English law the
main provisions of the ECHR. This means that if a UK citizen believes that the UK Government is in
breach of its human rights obligations, a case can be pursued in the English courts.

The protected rights and freedoms

The purpose of the ECHR is the protection of fundamental rights and freedoms. The Convention is
divided into ‘articles’. Articles 2 to 14 set out the rights that are protected by the Convention. Over
the years, the Convention has been supplemented by a number of ‘protocols’ that have been agreed
by the Council of Europe.

Some of the protocols just deal with procedural issues but some guarantee rights in addition to
those included in the Convention. Some of the most important rights and freedoms protected under
the ECHR are as follows:

•right to life (Article 2)

•prohibition of torture (Article 3) (‘No one shall be subjected to torture or to inhuman or degrading
treatment or punishment’)

•prohibition of slavery and forced labour (Article 4)

•right to liberty and security (Article 5)

•no punishment without law (Article 7)

•right to respect for family and private life (Article 8)

•freedom of thought, conscience and religion (Article 9)

•freedom of expression (Article 10)

•freedom of assembly and association (Article 11)

•prohibition of discrimination (Article 14)

•right not to be subjected to the death penalty (Articles 1 and 2 of Protocol 6)

•right to free elections (Article 3 of Protocol 1) (free elections at reasonable intervals by secret ballot
ensuring free expression of the opinion of the people in the choice of the legislature).

NOTE: The ECHR rights incorporated into English law under the Human Rights Act 1998 appear as a
Schedule to the Act. See [Link]/ukpga/1998/42/schedule/1

Chapter 4

The Court Structure in the UK

Introduction

A lawyer who wishes to practice law in any country will need to be familiar with the overall structure
of the courts of that particular country.
In practice, it is important for lawyers to know the difference between the civil courts and the
criminal courts in a legal system. This is especially to know the jurisdiction of both types of courts. It
is also important for lawyers to know which type of judges are presiding in the various courts given
the role of judges in hearing and deciding any civil or criminal cases brought before the court.

In this chapter, we will be looking at the court structure in the UK which is based on the hierarchy of
courts with its own civil jurisdiction, criminal jurisdiction and appellate jurisdiction.

Civil and criminal courts

Civil courts have the jurisdiction to resolve disputes between private citizens or between a citizen
and the state. These disputes may involve, for example, breach of contract, liability for injury in the
law of tort, property rights, family disputes or the wrongful exercise of power by a public authority.
The person bringing the claim is the ‘claimant’; and the person defending the claim is the
‘defendant’. If the defendant is found liable, the court has the power to order the defendant to pay
monetary compensation to the claimant or to order some other remedy.

Criminal courts have the jurisdiction to hear and determine cases where people are accused of
breaking the criminal law. The case will be brought by the ‘prosecution’ against an ‘accused’ or
‘defendant’. If the defendant is found guilty, the criminal court has the power to inflict punishment
in the form of a fine or imprisonment. In the UK, the vast majority of prosecutions are brought by
the Crown Prosecution Service or other state agencies.

First instance’ court and ‘appellate’ court

In both civil and criminal cases, once a decision has been given by the court, it may be possible to
appeal against the decision to a higher court. Therefore it is important to know and understand the
difference between a first instance court or a trial court and an appellate court.

A court of first instance or a trial court will normally apply the law to the facts in either a civil or
criminal case which involves the court of first instance deciding on the issues of fact or evidence
presented before the judge.
An appellate court will normally consider any appeal from one or the other party to either a civil or
criminal case in order to decide whether to affirm the decision of the lower court of first instance or
to reverse the decision of the court of first instance. Leave for an appeal is required for a case to be
appealed to the higher court. For example, leave for appeal is required for High Court decision to be
appealed to the Court of Appeal. Likewise, for a decision of the Court of Appeal to be appealed to
the UK Supreme Court.

Unanimous, concurring and dissenting judgments

In some of the courts in the hierarchy, judges sit in panels rather than alone (for example, the UK
Supreme Court and the Court of Appeal). For example, in cases before the UK Supreme Court, judges
normally sit in panels of 3, 5, 7 or 9 because in the English common law tradition it is permissible and
legitimate for a judge to disagree with others on a judicial panel. In such a case any judge or judges
who disagree with the other majority judges can deliver a ‘dissenting judgment’ and the case will be
decided by the majority. Where all of the judges agree, the decision will be unanimous.

Where judges write a decision agreeing with the other members of the panel it is called a
‘concurring’ judgment.

The hierarchy of the courts in the UK

The United Kingdom Supreme Court (UKSC)

(formerly the Appellate Committee of the House of Lords)

The UK Supreme Court was established by Part 3 of the Constitutional Reform Act 2005 and was
established on 1 October 2009. It replaced the Appellate Committee of the House of Lords (referred
to simply as the House of Lords) in its judicial capacity and assumed the jurisdiction of the House of
Lords.

The Supreme Court is, with a few exceptions, the final court of appeal in the United Kingdom,
although not for criminal cases from Scotland. It has the jurisdiction to hear appeals on points of law
of public importance from the Court of Appeal but it may occasionally hear an appeal directly from
the High Court under a procedure known as the ‘leapfrog’ procedure which will bypass the Court of
Appeal.
The UKSC comprises the President, who is the Head of the Court, a Deputy President 10 other
Justices of the Supreme Court. It is a superior court and a court of record. Its hearings are filmed, its
decisions are regularly reported and all decisions are posted on the Supreme Court website
([Link]/decided-cases/[Link]).

Court of Appeal

The Court of Appeal is divided into the Criminal Division and the Civil Division. The main jurisdiction
of both Divisions is appellate, hearing appeals against first instance decisions.

Court of Appeal (Civil Division)

The head of the court is the Master of the Rolls (MR) who is also the Head of Civil Justice. The judges
who sit in the Court of Appeal are known as a Lord or Lady Justice of Appeal. Most of the work of the
court is dealing with appeals from first instance decisions in the High Court and the County Court.

The Court of Appeal (Criminal Division)

The Lord Chief Justice is the head of Court of Appeal (Criminal Division), and is also the Head of the
Judiciary and the President of the Courts of England and Wales. He sits with Lords Justices of Appeal.
The court deals with appeals against conviction or sentence from the Crown Court and also issues
guidance on sentencing for the lower courts. Under Section 1 of the Criminal Appeal Act 1995
‘permission’ is required for an appeal from the Crown Court even if it is on a point of law. The
principal ground of appeal is that the conviction is ‘unsafe’. Under Section 9 of the Criminal Appeal
Act 1995 cases may be referred to the Criminal Division of the Court of Appeal by the Criminal Cases
Review Commission for the correction of a miscarriage of justice.

The High Court

The Queen’s Bench Division (QBD)

The QBDis the largest of the three Divisions of the High Court. The Head of the QBD is the Lord Chief
Justice (LCJ). There are about 70 judges who sit in the QBD (known as High Court judges or puisne
judges). The QBD has a wide civil jurisdiction hearing at first instance cases in tort and contract.
There are several specialist courts: the Admiralty Court which deals with shipping cases; the
Commercial Court which deals with business disputes; and the Technology and Construction Court.
The Administrative Court deals with claims for judicial review of administrative action.

The Chancery Division (ChD)

The Head of the ChD is the Chancellor of the High Court and about 16 puisne judges sit in this
Division. Issues dealt with include bankruptcy, ownership of land, trusts and contentious probate
(disputed wills). There is a patents court within the ChD with two specialist judges (now part of the
Business and Property Court).

The Family Division (Fam)

The Head of the Family Division is the President (P) and there are currently around 16 puisne judges
in this Division. The court deals with matrimonial matters, especially issues relating to adoption and
other matters concerning children.

The Crown Court

The Crown Court has both appellate and first instance jurisdiction and sits in about 70 different
places around England. The number of places in which the Crown Court sits will be reduced as part
of the government’s reforms of the justice system. The Crown Court largely deals with criminal cases
brought on ‘indictment’ (the most serious criminal offences). It also hears appeals from magistrates’
courts.
Any judge of the High Court can sit to hear cases in the Crown Court and cases are also heard by
circuit judges and recorders (part time circuit judges). For criminal cases heard on indictment the
judge will normally sit with a jury which consists of 12 citizens randomly selected from the register of
voters.

The main functions of the Crown Court are: to try cases on indictment following committal from the
magistrates’ court; to hear appeals by way of rehearing from summary trials conducted before
magistrates; and to hear appeals by way of rehearing from certain civil trials (family proceedings and
licensing) heard before magistrates.

The Family Court

Family cases have traditionally been dealt with in the Family Division of the High Court, the County
Court and magistrates’ courts. Following a review of the family justice system in 2011 a new single
Family Court was established by the Crime and Courts Act 2013 and The Family Procedure
(Amendment No. 3) Rules (SI 2013/3204).

The Family Court deals with virtually all family cases previously dealt with in the High Court, County
Court and magistrates’ courts. The change streamlines the system for family cases. The judiciary of
the Family Court includes all levels of judge from High Court, circuit judges, recorders, district judges
and magistrates. There is a single point of entry for the issue of proceedings and a centralised and
unified administration.

The County Court

The judges who sit in the county courts are known as circuit judges, recorders and district judges.
The jurisdiction of the County Court is relatively broad, dealing with civil cases arising from a variety
of matters, such as contract, tort, insolvency and probate.

The County Court is an inferior court and its decisions are not reported. Whether or not cases are
heard by the County Court or by the High Court usually depends on where the dispute was originally
lodged and the subsequent exercise of gatekeeping powers of the court to transfer a matter to the
High Court. As a general rule, lower value and/or less complex cases are heard by the County Court
and higher value and/or more complex cases are heard by the High Court.
Magistrates’ courts

Magistrates’ courts are local courts dealing mainly with criminal cases since it deals with over 90% of
all criminal cases in the UK. Magistrates’ courts are inferior courts.

A panel of three magistrates will adjudicate on both matters of fact and law. The judges who sit in
magistrates’ courts are generally not lawyers, but are lay magistrates or Justices of the Peace (JP).
They are unpaid and sit part-time, generally in benches of three, assisted by a legally qualified
justices’ clerk, who advises the magistrates on the law but does not become involved in decision
making.

Magistrates’ courts try minor offences (summary offences) and conduct preliminary hearings of
indictable offences before a case is sent to the Crown Court to be tried. Thus all criminal cases begin
in the magistrates’ courts and over 90% of cases end there. Magistrates also deal with a wide range
of civil proceedings.

Chapter 5

Professional Ethics

Ethics involves systematising, defending, and recommending concepts of right and wrong conduct.

Ethics is the branch of philosophy that examines what is right and wrong as well as moral behavior,
moral concepts (such as justice, virtue, duty) and moral language.

Various ethical theories by renowned and respected philosophers pose various answers to the
question

“What is the greatest good?

SOCRATES, as portrayed in Plato’s Republic, articulates the greatest good as the transcendent “form
of good itself”. The good, Socrates says, is like the sun. The sun gives light and life to the earth, the
good gives knowledge and virtue to the intelligible world. It is the cause of goodness in people and
actions, and it also is the cause of existence and knowledge.

Kantian ethics

Immanuel Kant, in the 18th century, argued that right and wrong are founded on duty.

An action is only truly moral if done from a sense of duty, and the most valuable thing is a human
will that has decided to act rightly.

Kanthian methods refute the notion that “the end justifies the means” arguing that the means which
are what individuals do, are as important as the outcome.

Utilitarianism

In 19th century Britain, Jeremy Bentham and John Stuart Mill advocated utilitarianism, the view that
right actions are those that are likely to result in the greatest happiness of the greatest number,
“maximising the public good”.

Utilitarianism also known as Consequentialism methods suggest that the utility of an action even if it
might subordinate individual autonomy, is justified because it produces the “greatest good“ for the
greatest number.

Virtue ethics

This represents the notions of Good and bad, noble and ignoble, deplorable and admirable.

Virtue ethics focuses on the quality and character of its actor. It goes further into an individual at a
profoundly personal level to derive if he is good then his actions would be acts of good.
Twentieth century

In reaction to the Holocaust, rights theories, as expressed for example in the 1948 Universal
Declaration of Human Rights, asserted the inalienable moral rights of humans to life, education, and
other basic goods.

LEGAL PROFESSIONAL ETHICS:

In the Legal Profession, an ethical rule is one that is applied in advancing the trust in the profession
and the confidence in the law as a whole and more importantly, it is the very foundation of
standards of conduct which an advocate and solicitor should possess which are not in common with
non-advocate and solicitors.

Listed below are 8 basic rules of ethical principles that an Advocate and Solicitor must embrace and
possess:

[Link] lawyer’s relationship towards his or her client, the adverse party and the opposing lawyer,
other lawyers, courts, public attorneys and other government bodies and agencies possessing public
authority shall be determined by the lawyer’s role as the protector of rights of citizens and legal
entities.

[Link] his or her appearances, submissions, speeches and other official acts and public and private
appearances in general, a lawyer shall always consider the requirements of the legal professional
culture.

[Link] fulfilling his or her professional responsibilities, a lawyer shall behave in such a way so as to gain
and maintain the trust of the client, and of the judicial and other bodies he or she appears before.

4.A lawyer shall carry out conscientiously all his or her duties that arise from the profession and
preserve the reputation and the dignity of the profession both at work and in his or her private life.
5.A lawyer shall not accept jobs that are incompatible with the legal profession and could damage
the lawyers independence and reputation and the integrity of the legal profession.

6.A lawyer must never place himself in a position of conflict of interest that shall arise when one
lawyer represent both parties in a case, thereby representing opposing parties with opposing
interests.

[Link] sacred duty of Confidentiality. Lawyers will be entrusted with information provided by their
clients’ who trust them to keep the information confidential. It is only with this trust will a client
freely speak and convey all relevant and material information regarding a case to his or her lawyer.

[Link] shall always maintain due respect towards the Court. Lawyers shall without fear defend
the interests of their clients and without regard to any unpleasant consequences to themselves or to
any other person. Lawyers shall never knowingly give to the Court incorrect information or advice
which is to their knowledge contrary to the law.

Ethical awareness for lawyers can become a very noble habit once regularly used, a habit that maybe
challenging at first but shall eventually earn a lawyer a good reputation.

“A reputation for integrity is eventually more important than any technical skill. Technical skill will
always be easier for clients to locate than integrity, but a lawyers integrity is what will set you apart”