Further reasons why role-differentiation is not tenable
As the above critical discussion has shown, there is a difference in definition regarding the lawyer’s morality and the layperson’s morality, based on the role the person in acting in. Yet, the clean separation of roles does not exists. The nonexistence of the cab rank rule in America reflects that personal morality does affect the cases the lawyer takes on.
Role-differentiation is problematic as it denies responsibility for unethical conduct. It allows solicitors to escape blame for behaviour that society condemns, and then hide behind the role of lawyer, even though it is effectively the same person. As mentioned, this may be combatted by narrowing the lawyer’s role from a duty of hyper-zeal …show more content…
For example, a sophisticated commercial client may see a lawyer for their professional and personal judgement to formulate the best course of action. This injection of personal judgment does not affect client autonomy, as the client may still seek alternative advice. Thus, role-differentiation is untenable as it fails to acknowledge that personal and professional judgment are intertwined for the lawyer. To say that the lawyer’s morality is merely pursuing the clients’ rights neutrally, that limits the role of the lawyer in modern …show more content…
They are paternalistic to influence clients to take the wisest course of practical action. However, this stance has a great deal of uncertainty.
It should be noted that not every lawyer has the same lay-morality and perceptions of ethical and unethical. Even still, some solicitors may not personally care that the action pursued is unethical. Thus, if we do allow personal mortality into the lawyer’s role, this may put some clients at a disadvantage regarding the extent to which a lawyer may pursue their interests as it would be contingent on the individual lawyer’s personal morality, and import great uncertainty. Thus, any future direction will have to ensure that the client is not entirely at the whim of the solicitor’s personal ethics.
One possibility is virtue ethics, where a lawyer is not judged by their actions, but rather their character and whole course of conduct. The goal for lawyers is to have admirable characteristics. Though the model is aspirational, an advantage is not enforcing another morality on the lawyer’s role, but rather, depicting other considerations that should be taken into account when looking at the lawyer’s ethical obligations.
As the above critical discussion has shown, there is a difference in definition regarding the lawyer’s morality and the layperson’s morality, based on the role the person in acting in. Yet, the clean separation of roles does not exists. The nonexistence of the cab rank rule in America reflects that personal morality does affect the cases the lawyer takes on.
Role-differentiation is problematic as it denies responsibility for unethical conduct. It allows solicitors to escape blame for behaviour that society condemns, and then hide behind the role of lawyer, even though it is effectively the same person. As mentioned, this may be combatted by narrowing the lawyer’s role from a duty of hyper-zeal …show more content…
For example, a sophisticated commercial client may see a lawyer for their professional and personal judgement to formulate the best course of action. This injection of personal judgment does not affect client autonomy, as the client may still seek alternative advice. Thus, role-differentiation is untenable as it fails to acknowledge that personal and professional judgment are intertwined for the lawyer. To say that the lawyer’s morality is merely pursuing the clients’ rights neutrally, that limits the role of the lawyer in modern …show more content…
They are paternalistic to influence clients to take the wisest course of practical action. However, this stance has a great deal of uncertainty.
It should be noted that not every lawyer has the same lay-morality and perceptions of ethical and unethical. Even still, some solicitors may not personally care that the action pursued is unethical. Thus, if we do allow personal mortality into the lawyer’s role, this may put some clients at a disadvantage regarding the extent to which a lawyer may pursue their interests as it would be contingent on the individual lawyer’s personal morality, and import great uncertainty. Thus, any future direction will have to ensure that the client is not entirely at the whim of the solicitor’s personal ethics.
One possibility is virtue ethics, where a lawyer is not judged by their actions, but rather their character and whole course of conduct. The goal for lawyers is to have admirable characteristics. Though the model is aspirational, an advantage is not enforcing another morality on the lawyer’s role, but rather, depicting other considerations that should be taken into account when looking at the lawyer’s ethical obligations.