TEISININKŲ ETIKOS MODELIAI IR JŲ TAIKYMO PRAKTIKOJE TEORINIAI ASPEKTAI (Models of Legal Ethics and Theoretical Considerations of Their Application in Practice)

Abstract

Article discusses interaction between general ethical theories and models of legal ethics from the perspective of their practical application. The professional conduct of lawyers is governed both by legal norms and by requirements of ethics. However, if the legal responsibility of a lawyer is relatively well defined, the ethical responsibility often remains to be fully elucidated. Meanwhile, performing his professional duties lawyer, it often faced with ethical dilemmas, where it is difficult to find a clear answer to the question what a lawyer's behavior is justified from the point of view of ethics. The problem in part is dealt with codification of certain rules of ethical conduct. However, rules of conduct themselves alone are not able to resolve all the ethical issues and problems encountered by lawyers in practice. This is because it is not possible all aspects of ethically controversial situations, in which practicing lawyer sometimes find himself, to describe by written rules. Even more so, that ethics is not confined to the explicit rules.

Every more profound discussion about how to apply the provisions of the code of ethics is necessarily discussion about what ethical theory should be used to solve ethically problematic issues. Ability to rely on more than one ethical theory not only provides a better chance of finding answers to the questions raised, but in turn complicates the situation. Therefore, ethical philosophy, on which relies ethics authority, is crucial for the evaluation practicing lawyer’s conduct. Various authors writing on legal ethics interchangeably use such terms as legal ethics models or approaches, and legal ethics. Such indiscriminate use of terms usually point to lack of deeper reflection on the one hand on differences between ethical model (approach) and moral theory, and their interaction on the other hand. Therefore in order to understand theoretical and practical aspects of legal ethics application it is important to distinguish model of legal ethics from ethical theory which is applied to certain model. Authors argue that more attentive look into what is called the legal ethics models (approaches) reveals that it is a description of certain preferable considerations, which is crucial for the application of certain ethical theories. Various proposed models of legal ethics can be described in terms of what and who’s Good should be given priority, who is the final authority deciding what is Good and to whom is owed prima facie duties. These factors can be considered as initial data, which are essential in order ethical theory could provide answers to specific questions relating to legal ethics. Having in mind certain features of interdependence of models of ethics and ethical theories, it is possible to analyze the specific proposed models legal ethics, as authors illustrate providing critical analysis of legal ethics schemes proposed by D'Amato, Eberle and Parker.

Authors argue that, an effective system of legal ethics should be based both on a clear model of legal ethics on the one hand and the disclosure ethical theory which is applied to chosen model on the other hand. Because it is always related to the question how to choose among different models and theories, this paper briefly discusses the possible selection criteria. In choosing models of legal ethics priority should be given to the reasonable criteria understandable for general public and compatible with its expectations. According to authors such methaethical criteria can be intuitiveness, range of satisfied expectations, demand not only adhere to rules but to possess some desirable features of character as well.

Keywords: legal ethics, moral philosophy, models of legal ethics