Lawyers Ethics in the Real World
| Module title | Lawyers Ethics in the Real World |
|---|---|
| Module code | LAW2154 |
| Academic year | 2021/2 |
| Credits | 15 |
| Module staff | Professor Richard Moorhead (Convenor) |
| Duration: Term | 1 | 2 | 3 |
|---|---|---|---|
| Duration: Weeks | 11 |
| Number students taking module (anticipated) | 40 |
|---|
Module description
The purpose of this module is to introduce you to professional ethics for lawyers through case studies taken from the real world, with a particular focus on commercial practice.
Through a series of specially developed case studies you will engage with elements of sophisticated professional practice, the ethical dilemmas that can arise and the commercial, political and interpersonal drivers of those dilemmas.
As a result you will not only gain knowledge about professional ethics but also about commercial awareness and the social psychology of lawyer decision-making.
Module aims - intentions of the module
The module aims to provide you with knowledge and understanding of the professional codes of conduct, and practice in applying the codes to ethical dilemmas that have arisen in real world case studies taken from practice. Through the case studies it also explores real examples of the key stages of a lawyer’s work such as: taking on clients; preparing cases; giving advice and opinions; preparing documents such as contracts and NDAs; conducting independent investigations; and appearing before courts and tribunals.
A further aim of the module is to give you insight into how the behaviour of lawyers links to key incidents of public interest, such as: the financial crisis of 2008; the Hacking scandals; and the suppression of sexual harassment highlighted by the #MeToo movement.
Finally, through a consideration of the context of these scandals and the social scientific literature on ethical decision-making, you will explore the personal and institutional influences on professional behaviour. As such the module aims to lay the intellectual groundwork for a life in practice or elsewhere as an ethically informed professional.
Intended Learning Outcomes (ILOs)
ILO: Module-specific skills
On successfully completing the module you will be able to...
- 1. Demonstrate a detailed and accurate understanding of the Standards and Regulation of solicitors and their practical application.
- 2. Discuss how the main roles of lawyers in the courts, business, and other settings may relate to ethical problems.
- 3. Discuss some of the social, economic, and psychological influences on lawyers decision-making.
ILO: Discipline-specific skills
On successfully completing the module you will be able to...
- 4. Apply legal knowledge accurately to complex problems.
ILO: Personal and key skills
On successfully completing the module you will be able to...
- 5. Effectively articulate ones own ethical inclinations and the cultures of organisations.
- 6. Develop and effectively communicate arguments and opinions with limited guidance.
Syllabus plan
Whilst the precise content may vary from year to year, it is anticipated that the syllabus will cover all or some of the following topics. Some topics may be delivered by guest lecturers.
- Personal and professional values and ethics
- Core elements of the Solicitors’ Code
- Behavioural and Institutional Understandings of Ethics
- Commerciality in practice and in one’s mind
- Lawyer and corporate governance
- The Best Interest of the Client and Misleading the court
- Dealing with others, Integrity and taking advantage
- Philosophical theories of ethics
- Principles vs Rules in Ethical Regulation
- Giving Advice and Opinions
- Papering deals in commercially aware ways
- Submitting evidence and appearing before the court
- Hierarchy and Sex in Legal Practice
- Non Disclosure Agreements
- Conducting Investigations
Learning activities and teaching methods (given in hours of study time)
| Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 30 | 120 |
Details of learning activities and teaching methods
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled learning and teaching activities | 22 | 11 x 2 hour lectures |
| Scheduled learning and teaching activities | 8 | 4 x 2 hour seminars |
| Guided independent study | 65 | Reading, seminar, and lecture preparation |
| Guided independent study | 40 | Summative assessment preparation |
| Guided independent study | 15 | Formative assessment preparation |
Formative assessment
| Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|
| 3 x writing exercises | 1,500 words in total (500 words each) | 1-6 | Individual written feedback on one exercise; individual peer feedback on all exercises; general oral feedback to the class on all exercises |
Summative assessment (% of credit)
| Coursework | Written exams | Practical exams |
|---|---|---|
| 100 | 0 | 0 |
Details of summative assessment
| Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|---|
| Essay | 100 | 2,500 words | 1-6 | Individual written feedback |
| 0 | ||||
| 0 | ||||
| 0 | ||||
| 0 | ||||
| 0 |
Details of re-assessment (where required by referral or deferral)
| Original form of assessment | Form of re-assessment | ILOs re-assessed | Timescale for re-assessment |
|---|---|---|---|
| Essay | Essay (2,500 words) | 1-6 | August/September re-assessment period |
Indicative learning resources - Basic reading
Jonathan Herring, Legal Ethics (2nd edition, OUP Oxford 2017).
Richard Moorhead, ‘Independence Play – Chilcot on the Legal Process | Lawyer Watch’ https://lawyerwatch.wordpress.com/2016/07/07/independence-play-chilcot-on-the-legal-process/
Maryam Kouchaki and others, ‘Seeing Green: Mere Exposure to Money Triggers a Business Decision Frame and Unethical Outcomes’ (2013) 121 Organizational Behavior and Human Decision Processes 53
Richard Moorhead and Victoria Hinchly, ‘Professional Minimalism? The Ethical Consciousness of Commercial Lawyers’ (2015) 42 Journal of Law and Society 387
Steven Vaughan and Emma Oakley, ‘“Gorilla Exceptions” and the Ethically Apathetic Corporate Lawyer’ (2016) 19 Legal Ethics 50
Christine Parker, ‘Critical Morality for Lawyers: Four Approaches to Lawyers’ Ethics, A’ (2004) 30 Monash University Law Review 49
Richard Moorhead, Steven Vaughan and Cristina Godhino, In-House Lawyers’ Ethics: Institutional Logics, Legal Risk and the Tournament of Influence: (Hart Bloomsbury 2018)
Donald C Langevoort, ‘Chasing the Greased Pig Down Wall Street: A Gatekeeper’s Guide to the Psychology, Culture, and Ethics of Financial Risk Taking’ (2010) 96 Cornell L. Rev. 1209
David Kershaw and Richard Moorhead, ‘Consequential Responsibility for Client Wrongs: Lehman Brothers and the Regulation of the Legal Profession’ (2013) 76 The Modern Law Review 26
Christine E Parker, Robert Eli Rosen and Vibeke Lehmann Nielsen, ‘The Two Faces of Lawyers: Professional Ethics and Business Compliance With Regulation’(2009)’ 22 Georgetown Journal of Legal Ethics 201
| Credit value | 15 |
|---|---|
| Module ECTS | 7.5 |
| Module pre-requisites | None |
| Module co-requisites | None |
| NQF level (module) | 5 |
| Available as distance learning? | No |
| Origin date | 25/01/2021 |
| Last revision date | 25/01/2021 |
