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UNIT 8
LEGAL ETHICS

Legal ethics are an area of ethics which involve the legal profession and the practice of law. It is a term used to describe a code of conduct governing proper professional behavior, which establishes the nature of obligations owed to individuals and to society. Adherence to basic legal ethics is generally required for people who wish to practice law, with most nations having associations of legal professionals which have the ability to bring people up on charges and suspend their licenses if they are suspected of ethics violations. For people seeking legal assistance who are curious, it is usually possible to look a lawyer up with a bar association to determine whether or not the lawyer is a member in good standing and to see a history of any complaints or investigations.

The practice of law is complex, and it can be fraught with ethical issues. Legal ethics covers many of the basic ethical issues which come up in the law, many of which are actually encoded right into the laws which pertain to legal practice. The goal of creating ethical standards is to retain the reputation of the legal profession as a whole, giving consumers greater confidence when it comes to dealing with lawyers. In order to maintain a license to practice law, attorneys in the United States agree to uphold the Rules of Professional Conduct, adopted by the American Bar Association (ABA) in 1983. The ABA's rules have been adopted by the bar associations of all the states except California, which has a similar code but with a different format.

Some topics covered in legal ethics include attorney-client privilege , legal billing , disclosures which lawyers are obligated to make, professional and personal relationships with other members of the legal profession, relationships with jurors, situations in which lawyers and judges must be recused from a case, ethical conflicts which can arise in the law, and situations in which people can offer legal advice. In many nations, legal ethics also include mandates to perform volunteer service, or a strong stress on performing pro bono work.

Advertising activities are also covered under legal ethics, as are the operations of legal firms, partnerships of attorneys, and so forth. When lawyers apply to be allowed to practice law, they are often required to swear or affirm an oath which indicates their intention to abide by ethical requirements, and they subject themselves to the authority of a government organization which has the power to enact fines , revoke licenses, and engage in other penal activities when ethical violations occur.

The field of legal ethics is constantly evolving as new legal issues arise. Many law schools have ethics committees and departments which explore shifts in legal ethics, as do professional associations of lawyers. These organizations may periodically recommend revisions or alterations to ethical guidelines in the interests of keeping members of the legal profession as current with ethical issues as possible.

New Words & Expressions

ethics ['eθɪks] n. 伦理,道德;伦理学

code of conduct 行为准则;规范

adherence [ədˈhɪərəns] n. 坚持,依附

suspend [səˈspend] vi. &vt. 延缓,推迟;使暂停

violation [ˌvaɪə'leɪʃn] n. 违反,妨碍,侵犯

fraught [frɔ:t] adj. 担心的,忧虑的;充满……的

pertain [pəˈteɪn] vi. 属于,关于

privilege [ˈprɪvəlɪdʒ] n. 特权,优待

billing [ˈbɪlɪŋ] n. 收费,开出账单

disclosure [dɪsˈkləʊʒə(r)] n. 披露,揭发

recuse [rɪ'kju:z] vt. 要求撤换

mandate [ˈmændeɪt] n. 授权,命令;

vt. 授权,托管;

pro bono [ˌprəʊ ˈbəʊnəʊ] adj. 无偿的,公益的

affirm [əˈfɜ:m] vi. &vt. 肯定,确认

oath [əʊθ] n. 誓言,誓约

subject to 使服从;受……管制

fine [faɪn] n. 付款

revoke [rɪˈvəʊk] vt. 撤回,取消,废除

penal [ˈpi:nl] adj. 刑事的,刑罚的

periodically [ˌpɪərɪ'ɒdɪklɪ] adv. 定期的,周期性的

alteration [ˌɔ:ltəˈreɪʃn] n. 修改,改变

Exercises

I. Judge whether the statements below are true ( T ) or false ( F ).

1. Legal ethics define the code of conduct governing legal professionals. ( )

2. Even if legal professionals violate legal ethics, they will not be taken away their license. ( )

3. The practice of law is complex, but it seldom involves ethical issues. ( )

4. The goal of creating ethical standards is to give lawyers greater confidence when it comes to dealing with ethical issues. ( )

5. Legal ethics help retain the reputation of the legal profession as a whole. ( )

6. In all countries, performing pro bono work is an important part of legal ethics. ( )

7. The ABA's rules have been adopted by the bar associations of all U.S. states. ( )

8. When lawyers apply to be a licensed lawyer, they often have to swear an oath declaring to abide by ethical requirements. ( )

9. Only government organizations can recommend revisions of ethical guidelines. ( )

10. The goal of revisions or alterations to ethical guidelines is to update members of the legal profession the current ethical issues. ( )

II. Translate the following paragraph about legal ethics into Chinese.

The practice of law is complex, and it can be fraught with ethical issues. Legal ethics are the code of conduct governing proper professional behavior. Adherence to basic legal professional ethics is generally required for people who wish to practice law and legal professionals may get their licenses suspended if they are suspected of ethics violations. As new legal issues arise, many law schools and professional associations of lawyers may periodically recommend revisions or alterations to ethical guidelines in the interests of keeping members of the legal profession as current with professional ethical issues as possible. MziwxtoXiE8HuV80KtKvJ9+YqCAcObXs+bmDbVtul8y+xVDbNhOItaD4mg+wsG9V

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