Ethics and the Law Assignment, Research Paper Example

Introduction

This paper provides an abstract of a proposed research paper on Ethics and the Law.  Although the general concept of professional ethics will be provided, by way of introduction, the prime focus will be on ethical considerations in the legal profession.  In the United States the two main considerations are: (i) The International Bar Association formed in 1947 with the purpose of regulating professional ethics for the elite and top standing lawyers in the profession and (ii) The State Bar Association that deals with professional ethics of lawyers on a regionalized or State basis.  The paper will be structured under the following main headings:

• Ethics Morals and Values;
• Law and Professional ethics;
• Responses to ethical issues;
• Pro’s and Con’s of Professional ethics;
• Ensuring ethical standards and maintaining professional values.

In addition to that of the USA legal profession the paper will take a holistic look at the concept of professional ethics for a globalized legal profession.  Is this a dream or a practical reality?

“But, motive aside, is the idea of a global ethic for legal professions realistic?  Supporters of the idea acknowledge differences in the ethical codes of legal professions in the United States and

Western Europe, but, as in the case of Toulmin, feel that “they are like two trains on the same track with the US train in the lead”.  (Shukla)[1]

The paper will particularly examine the work of  Frederick A Elliston who explores professional ethics in the context of the US legal profession. ”  A survey by the Association of American Law Schools found that the most popular approach to teaching professional responsibility is a required course, usually entitled ‘professional responsibility’ or ‘legal ethics’. Beneficial to the introductory law or philosophy student, this book comprises a selection of articles by eminent philosophers and lawyers that explore confrontations in the daily practice of law, employing in-depth case studies.” (Elliston)

Is there a consistency in the treatment of professional ethics across different state bar jurisdictions?  How well are professional ethics interpreted by practicing lawyers and are there any significant variations between the States ?  How is this contrasted between Federal and State legal jurisdictions ?  Is there truly scope for harmonizing professional ethics across the United States and moving towards the adoption of an international best practice guideline ?  How can these ethics be enforced in the legal profession ?

Works Cited

Elliston, Frederick A. “Ethics and the Legal Profession (Paperback) .” Elliston, Frederick A. Ethics and the Legal Profession (Paperback) . New York: Prometheus Books, 1986. 495.

Shukla, Puneet. Globalization of Professional Ethics. 2009. 11 12 2009 <http://students.indlaw.com/display.aspx?4601>.

[1] This article explores the concept of a global ethics governing body to preside over the legal profession.  It examines progress in a number of countries and the possibility of making this a future reality.