Introduction to

the module and

ethical theory
Legal and Professional Ethics

Week 1 Part 1

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Welcome to Semester 2
In this lecture, we will be looking at:

Ethical theory and its importance for the law

The course outline and

The course timetable

In other words, the why, what, how and when of this module (as for the who... that's you!)
A little more about me and the course
 • Humans interact in society and sometimes
those interactions will impact negatively on
others.
• The law was created to regulate those

Some
interactions and determine which activities
are lawful and which are not. And careful –
it’s not always about criminal law. Every area

starting of law is about cause and effect.

• The law is there to be applied. Even when

points the law is clear, its application to a real life

situation might have a less than satisfactory
outcome, or the outcome may be surprising.
Does that matter? 
Remember the BLM
protests?
• In September 2022 four people were acquitted by a majority of the jury of
causing criminal damage by toppling the statue of Edward Colston in Bristol
during the BLM Protests.
• The four successfully argued that they had a lawful excuse for doing so, and
persuaded the jury that they acted reasonably and they honestly believed
they were acting for these reasons. Colston's status as a slave
trader weighed heavily. Defendants said they were:
• Acting to prevent public abuse
• Genuinely believing they owned the statue

The court had also to weigh the four’s right to freedom of expression.
• Academics from Keele University who observed the trial from the public
gallery commented that "the jury’s decision re-asserts what EP Thompson
called the “moral economy” of the community – an act of absolution
recognising the collective action of the defendants as being at the service
of all of the community." The decision was however made on a legal basis,
not a moral one.
 A person who might want to
benefit from the law might
Something exhibit behaviours or conduct
themselves in a way which puts
else to an advisor in a difficult situation,
or give rise to feelings of
consider repugnance.
A recent example from the
Court of Protection

• The Court of Protection makes decisions on financial or welfare matters for people who can’t
make decisions at the time they need to be made (that is, they ‘lack mental capacity’)

• A judge in the Court of Protection has decided that it would be lawful for carers to arrange for
a 27-year-old autistic man to have contact with a sex worker.

• Mr Justice Hayden concluded in a judgment published in April 2021 that carers would not be
in breach of section 39 of the Sexual Offences Act 2003 (“SOA”) if they assisted him in this
way.

• “the act is both promoting free and independent decision taking by adults with mental
disabilities whilst protecting them from harm in relationships where independent choices are
occluded by an imbalance of power…the SOA [strikes] a balance between protecting those
with mental disorders whilst enabling independent choices in this most important sphere of
human interaction. It follows, of course, that such choices are not confined to those which
might be characterised as good or virtuous but extend to those which may be regarded, by
some, as morally distasteful or dubious. Protection from discrimination facilitates informed
decision taking. Those decisions may be bad ones as well as good. This is the essence of
autonomy”. 

• NB - you can remotely observe Court of Protection matters via

About the Project – Promoting Open Justice in the Court of Protection (openjusticecourtofprot
ection.org)
You have already looked at
what the law is and perhaps
should be

• Natural law theory – a moral theory of

jurisprudence which posits that laws should be
based on ethics and morals: lex iniusta non est lex
(e.g. Aristotle, Aquinas, Fuller, Finnis).
• Positivism - the law is neutral and we should focus
on what law is, what gives it its authority, what the
relationship between law and power is, and
whether law and morality are or should be related
(whereas natural law assumes this) (e.g. Hobbes,
Bentham, Austin, HLA Hart, Raz).
Now we will look at the links between law, ethics
and how lawyers conduct themselves in society

• Ethics – the study of norms relating to how one should behave, or how one should
live
• Legal ethics – a field of applied ethics, in the context of how we can and/or should
apply moral norms to real life legal issues. How are such norms relevant/in need of
modification/harmful even, to a particular legal issue like assisted suicide, war, animal
welfare, etc?
 "Human beings are ethical
animals. I do not mean that we
behave particularly well, nor that
we are endlessly telling each
other what to do. But we grade
Ethics is and evaluate, and compare and
admire, and claim and justify. We
ever- do not just "prefer" this or that,
in isolation. We prefer that our

present for preferences are shared; we turn

them into demands on each

humans other."
(Ethics, Simon Blackburn)
… such demands might become
laws themselves, or the
professional rules which guide
lawyers' conduct.
Ethics is also ever present
for lawyers

Professional Ethics, Nicolson and Webb, Chapter 2.

The Law Society and SRA agree (Bar Council
too)

The commitment to behaving ethically is at the heart of what it means to be a solicitor.

"

Ethics is based on the principles of:

• serving the interests of consumers of legal services
• acting in the interests of justice
• acting with integrity and honesty according to widely recognised moral principles
Ethics will help you respond in the right way to any moral dilemmas you might face at work". (https://www.lawsociety.org.uk/topics/regulation/ethics-in-law)

"A1 Act honestly and with integrity, in accordance with legal and regulatory requirements and the SRA Standards and Regulations, including
• Recognising ethical issues and exercising effective judgment in addressing them
• Understanding and applying the ethical concepts which govern their role and behaviour as a lawyer
• Identifying the relevant SRA principles and rules of professional conduct and following them
• Resisting pressure to condone, ignore or commit unethical behaviour
• Respecting diversity and acting fairly and inclusively" SRA statement of competence for solicitors 
https://www.sra.org.uk/solicitors/resources/cpd/competence-statement/ )
It is also a recommended part of legal education
(though not compulsory)

Legal Education and Training Review

• 7.10     The perceived centrality of professionalism and ethics to practise across the regulated workforce is
one of the clearest conclusions to be drawn from the LETR research. Legal ethics was rated ‘important’
or ‘somewhat important’ by over 90% of survey respondents and was seen as a defining feature of
professional service in the qualitative data. A majority of respondents thought that an understanding of
legal values, ethics and professionalism needs to be developed throughout legal services education and
training. Views differed as to what that might mean in practice. There was no majority support for the
introduction of professional ethics as a new Foundation of Legal Knowledge for the QLD/GDL. This does not
prevent a basis eg for the study of professional ethics being provided at the academic stage. There is general
support for all authorised persons receiving some education in legal values, as well as the technical ‘law on
lawyering’.  (Setting Standards: The future of legal services education and training regulation in England
and Wales, 2013 https://letr.org.uk/the-report/chapter-7/quality/index.html )
Having ethical awareness,
and understanding ethical
language, is crucial

• A former British Prime Minister (actually from Liverpool! – a

certain scholar from Rodney Street named William Gladstone) found
that ancient languages didn't have a word for blue — not Greek, not
Chinese, not Japanese, not Hebrew! In fact this is common across all
cultures. The only ancient culture to develop a word for blue was the
Egyptians —also the only culture that had a way to produce a blue dye.
• Without a word for a colour, without a way of identifying it as different,
it is much harder for us to notice what is unique about it — even
though our eyes are physically seeing it in the same way. So before blue
became a common concept humans physically saw it. But it seems they
did not know they were seeing it. For lawyers, knowing when you're
looking at an ethical issue is crucial. It is not always obvious.
• In learning ethics, you are learning an additional language to help you
see the world and to help you see the law and the practice of the law
in society in a wider spectrum of colours. Words matter!
 Lawyers need to be loyal,
and act ethically, on two
different fronts
"As a law student or new lawyer, ask yourself: what does
it mean to be loyal to the courts AND loyal to your client,
in relation to something you propose to do? In relation to
clients, ask yourself: What would you expect from your
own lawyer if you were the client?
Lawyers need to be completely clear that both loyalties –
to the court and their client – CAN be achieved at the
same time. If you have any questions at all on this point,
then [an ethical] problem is likely just ahead."
(Practical Legal Skills: Developing Your Own Technique,
Hyams et al)

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What word or words would you associate with lawyers ?

A note on terminology
• A brief word about what I mean by “lawyer”
• In my lectures and in some of the material on this module you will notice that I
refer to all law students on this module as “lawyers”.
• This doesn’t mean I expect you to have the knowledge, experience or
understanding as a solicitor or barrister; nor that I expect that is the job you would
like to do after you graduate. You are already a lawyer in the sense that you are
studying the law and already have more knowledge of the law, even as a first year
student in your second semester, than most of the UK population. This is special
knowledge.
• After 27 years of study and practice I am still learning how to be lawyer. It is an
ongoing process, and not a one-off achievement. Keeping the above in mind will
help your journey to be a positive one.
 We are teaching you legal
ethics in the practical
context of the law clinic
because

The law is a torch (i.e.

THEORY)

AND 

The law is a sword (i.e.

PRACTICE)
What is theory
anyway?
• Theory comes from the Greek theōria "contemplation,
speculation; a looking at, viewing; a sight, show, spectacle, things
looked at, passionate sympathetic contemplation“
• It was used frequently in terms of ‘looking at’ a theatre stage,
which may explain why sometimes the word ‘theory’ is used as
something provisional or not completely real. 
• Clinic gives you something to look at which will embody the tricky
issues we study on this module – so we really do take the Ancient
Greek approach. It is a small but important part of the module.
• However, the live client work you will observe is not a theatrical
production put on for your interest or entertainment. Someone
will be coming in trusting us with the worst problem they have
ever had, which is impacting on their most personal values. See
the ethical issue?
 Different places,
different faces
• All of us wear “masks” in our interactions in everyday life
and also professional life. 
• “From the outside, a lawyer’s thoughts, her state of mind
at any given moment, cannot be observed… The mental
pathway by which a lawyer gets from dilemma to
resolution… runs through the realm of the individual
lawyer’s subjective reality…It is the silent world of personal
consciousness.” (Hazard, 1992)
• “The overwhelming preponderance of legally significant
decisions are made by lawyers, not judges, legislators or
theorists: and the overwhelming preponderance of lawyer
decisions will never be reviewed or even perceived by
another official.” (Luban and Milleman, 1995)

• Before applying professional conduct rules, a lawyer has to

filter facts depending on their own awareness and
interpretation. These are unknowable and deeply personal.
• Ethics asks us to enquire about what goes on under the
mask and decide what kinds of masks we are comfortable
wearing as we go out into the world.
 We will not make you:

… but you WILL

Give legal advice without having any qualifications or wish to do so Observe real life interactions between clients and solicitors, and learn valuable
lessons from observing and discussing those interactions: on condition that you
have done the classwork required to prepare you for this experience.

Feel pressured into becoming a solicitor, rather than a barrister, or something Have the opportunity to develop key employability skills transferable to any job you
else entirely  choose to pursue afterwards. It doesn’t matter what job you go into, so long as you
enjoy it.

Do an easy option course to patronise you  Be taking responsibility for keeping your course journal up to date and engaging in
high level classroom discussions plus reflection as part of your assessment, unique
in the UK. We and the clients trust you to do this as first year students. No other
university does!

Pursue a practice-oriented module at the expense of “real” academic learning  Our activities and structure are based on many combined years of legal practice,
but that in turn is based on our own academic studies plus academic literature from
a number of other disciplines (including education and philosophy) and
jurisdictions (particularly the USA and Australia). 
 Nor will we:
Make you…
Do very non-lawyerly, “touchy-feely”/”fluffy” stuff .
Accept any particular view of legal ethics or access to justice
Capable of solving the legal ills of the world
But we will…
Expose you to vulnerable, sometimes upset clients who deserve
empathy and respect, with a view to giving you the skills to
understand and cope with this whatever job you later go on to
do.
We are politically neutral and do not engage in political
discussion. All statistics and figures are, where possible, the
Government’s own, or drawn from peer-reviewed research or
research conducted using sound academic methodologies.
Conclusions are up for discussion.
Inform and educate you about the wider world in which the law
operates, both in the classroom and in the clinic.
This module give you
valuable opportunities
• You have a unique privilege as a law student and are
now in a position of power.
• This puts you in an extremely important position of
trust. Clients are not a means to an end. Your course
journals will be how we measure that you can be
trusted to view live client work as part of your final
assessment.
• Group work is essential and we expect everyone to
engage and work collaboratively. This is not only a
sound academic method of learning, but also how
the world of work works.

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 Module
Overview

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 At the end of this module you will
be able to:
• Identify and explain the key concepts in legal ethics.
• Understand the key concepts in professional conduct for
solicitors and barristers.
• Understand the role of law in society and concepts of legal
empowerment.
• Demonstrate an ability to reflect on the delivery of legal
services and the particular professional and ethical issues
arising from observed sessions.
 So we will be studying
• Classical ethics; 
• Legal ethics; 
• Professional conduct rules for barristers and solicitors in England &
Wales; and 
• Observation of simulated and real-life cases in the context of the
above. 
Understanding key ethical issues and decision-making will provide you
with a different perspective on the law and its design and application in
society. It will also help you to develop your critical thinking, as well as
skills in: 
• Written and spoken communication; 
• Analytical ability; 
• Problem solving; 
• Group working; and 
• Research and presentation. 
 Strive Strive always to be adding to their legal knowledge, or other disciplines which
will help to improve how you apply your legal knowledge;

Manage Be able to manage their own tasks and time efficiently (though not perfectly –
that is impossible);

A "good Give Give of their best in trying new tasks and be prepared to take constructive
feedback on board to improve their work for future tasks;

lawyer" Be diligent in reading and following written instructions (e.g. seminar

should Read descriptions, etc ) – this saves time asking questions for which you already
have the answer at your fingertips;

Subject to this, be prepared to ask if you genuinely don’t understand

Speak up something and have not first been able to find or work out the answer for
yourself; and

Accept Accept that the law is a difficult subject and that no lawyer understands
everything immediately. 
Preparing for sessions

You should review:

• The seminar description for the week's work. This will outline
the reading you have to do, the questions to work through in
preparation for the session, what your course journal task is
and what we will cover in class.
• Module tutors are always happy to answer questions, but you
should first ensure the canvas pages and seminar description
don't answer the questions for you!
• In the first instance you should put your question into
the Discussion board I have set up on the Canvas page. The
Q&A is visible to everyone and might answer questions a
fellow student has.
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Reading
• You can find the Reading List in the Key
Information tab in the Canvas module.
• Everything on the reading list for each week is
available in an e-format from the library or if not
has been put on the module page as a pdf.
• Reading for this module is broad ranging, multi
media and interdisciplinary.
• Reading for this module is stretching.
• Do all the reading.
• You might not understand everything you read
straight away: that is why our class
discussions (and class attendance and
engagement) are so important. (coffee analogy)
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(If you have an ISLP let me know)

Critical
Reading
• We have additional resources
available to help you develop this
vital legal skill.
• Look at your Academic
Achievement module

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Your seminars

• These will be a combination of tutor led discussion, question

and answer sessions and small group work. We do not expect
you all to be extrovert or champion public speakers:
participation during seminars is, however, very important and
the more everyone contributes, the better and more
interesting our discussions will be. 
• See your seminars as an opportunity to improve your
confidence and to work with people whose learning and
speaking styles are different to yours. 
• For all of us teaching you on this course, participation is much
more important than giving a perfect answer.
• Be honest about how much prep you have done!
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 Assessment and course journals
These will be covered in separate lectures. We will discuss Course Journals
today.
Assessment will be covered next week.
For now the key things to know are:
• This module is pass/fail
• It is assessed by a "portfolio" which consists of (1) a course journal which is
complete by Sunday 12th March 2023; and (2) your answers to reflective
questions about the topics and client work we have covered on this
module, which you will upload to Turnitin as a video recording of 10-12
minutes, by 1pm on Thursday 4th May 2023.
• The reflective questions will be made available to you in the next couple of
weeks so you can have them in mind as you progress through your studies on
the module.
 
Timetable Lecture Seminar topic Course Journal
Week 17 Introduction to Module No seminars  
16 Jan 2023 Introduction to Legal Ethics

Week 18 Classical and Modern Virtue Ethics SGS 1 Values activity

23 Jan 2023 Understanding basic concepts of ethics

Week 19 Utilitarianism SGS 2 Classical and Modern Virtue Ethics and the concept of ‘character’ Observation rubric I
30 Jan 2023 for sols

Week 20 Deontology and Kantian Ethics SGS 3 Utilitarianism Virtue Ethics vs. Utilitarianism case study
6 Feb 2023

Week 21 Best Interests, Ethical dilemmas and Client confidentiality SGS 4 Kantian Ethics Update to above
13 Feb 2023  

Week 22 Legal Capability and Empowerment SGS 5 Confidentiality agreement

20th Feb 2023 Interests and Empathy  
Observation Rubric II

Week 23 Curriculum Enhancement week Activities for Curriculum Enhancement week and presentation Activities for Curriculum Enhancement week and presentation  
  preparation preparation

Week 24 Presentations Presentations Course Journals close

6th March 2023

Week 25 Clinic Observations    

13th March 2023

Week 26 Clinic Observations    

20th March 2023

Week 27 Clinic Observations    

27th March 2023

Week 28 & 29      
Spring Break

Week 30 Clinic Observations and final assessment preparation Clinic Observations and final assessment preparation  
17th April 2023
 

Week 31 and 32 Assessment      

Begin at the beginning

• Spend time familiarising yourself with the Canvas

page. Keep coming back to the Canvas page for
updates and check your emails regularly for
announcements
• This week, you have a very short piece of work to
upload to your course journal.
• You also have a short anonymous Canvas quiz to
complete which requires no prior prep.

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Now for a short
break

• You will see from your timetable who

your class tutor will be.
• In the meantime, ahead of seminar 1
feel free to start using the Discussion
boards if you have a question which
is not answered elsewhere in the
canvas pages.
• You are welcome to contact me as
Module Leader - book in via
Seemytutor.

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