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Law in Contemporary Society
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Lawyers, Justice and Ethics
Rafael Boisset
During almost all my career through law school back in Peru, and moreover during the first years, Professors taught as that the seek of justice must be a constant in our professions. While being a law student, I always thought that when becoming a lawyer I should always look for justice while advising my clients.
I have been a lawyer for almost five years and know I think that that idea of justice is not only untrue, but it does not apply to my reality. I believe judges are called to seek justice, not lawyers. Lawyers should advice their clients in the best of their interests even if by doing that both the lawyer and the client know that the result may be unfair.
I believe that such statement generally creates dissidence because there is a misconception of the legal profession. In my view, a lawyer (as any other professional) should act ethically but not necessarily with justice. In deed, I believe justice and ethics are different concepts that should be applied indistinctly.
Justice is a very broad concept; we could go back to ancient definitions like those from Plato and Socrates, or we could look earlier to Locke or Rousseau. These authors may differ in their theories, but they all share a general view fairness of equity. Treating one side with the same conditions one treat the other side. The sense of justice is something that ones developed during ones growth. The best way to teach how to be just is by example. Justice is more than a concept that can be read in papers.
Unlike, ethics is more related to the social behavior of what is wrong and what is right; what is socially acceptable. Ethics may vary from different customs and believes. Ethics can be easily taught as they are norms of conduct selected and accepted by a group of people. What is unethical here in the U.S. may not be ethical in Peru, or even in a more conservative society around the world.
It is not my intention to create a debate on what is justice and what is ethics, as tones of books has been wrote in history about that. But, my intention is to differentiate both concepts as I believe one could be both unjust but ethic in a determined conduct. For instance, a situation where a settlement results to be unfair to one party that decides to accept it because it was less costly than going to trail is not unethical, but again may be unfair.
All persons are entitled to be treated with justice; hence is a renounceable right, and the voluntary renounce of such right is socially accepted. Unlike, all unethical conducts (which could be equivalent to giving up to a just treat) are socially rejected. This is an example that shows the difference of the boundaries of such concepts.
I believe “justice” is a virtue desirable and admirable in any person, but I do not see such virtue as mandatory for a lawyer. Lawyers are common persons that decided to study law; which means to study a legal system in order to know it, and applied it to what ever the lawyer decide to do for living; i.e. trial lawyer, tax lawyer, corporate lawyer, entrepreneur, director of a large corporation, judge, professor, public servant, politician, etc.
Lawyers as normal people are not different than any other professional. But, some kind of lawyers, particularly those who decide to work as advisors of how a legal system should be applied (practitioners of law), are more exposed to situations were justice and ethics are present. And that is because the legal system is supposed to create a balance in society, is suppose to dictate what is better for society, either if economic standards are used, or more traditional concepts of fairness. Hence, the chances that a practitioner of law faces situations were justice is an issue are higher than other professional like an arquitect, doctor, business man, among others.
Notwithstanding, the fact that lawyers faces such situations more often does not mean that they should always seek for justice while practicing law. Different is ethics, were I do believe it must be present in all situations.
In conclusion, I believe justice and ethics are virtues that should be present in all professions, and more in legal practitioners. Nevertheless, a lawyer who does not seek for justice in advising a client but acts in an ethical manner is acceptable.
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