What exactly does the law and ethics have to do with each other?

by matthew Mon Nov 28, 2011 5:37 am

As a hopeful lawyer soon-to-be (okay wannabe, you made me say it) what does ethics have to do with the law?

I mean, I know ethics has good intentions. It can restrict lawyers from doing bad things. But it also gives criminals leeway to get away from the law? How do they complement each other?

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Tampa Divorce Attorney

by Guest Fri May 25, 2012 4:49 pm

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 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 schools 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.
[edit]Enforcement

[edit]United States
Every state in the United States has a regulatory body (usually called a state bar association) 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.

also every state has their own ethics code, Congress and senate has theirs as well...you have to research per state and branch of government you are desiring to go into!

What exactly does the law and ethics have to do with each other?

What exactly does the law and ethics have to do with each other?

Re: What exactly does the law and ethics have to do with each other?