BASIC LEGAL AND JUDICIAL ETHICS

INTRODUCTION

Legal ethics, meaning. — It is the branch of moral science that which treats of the duties which
an attorney owes to the court, to his client, to his colleagues in the profession and to the public as
embodied in the Constitution, Rules of Court, the Code of Professional Responsibility, Canons of
Professional Ethics, jurisprudence, moral law and special laws. (Pineda, 2009)

Duties of An Attorney Sources of Legal Ethics

1. Public 1. Constitution
2. Court 2. Rules of Court
3. Bar 3. Moral Law
4. Client 4. Special Law

Importance of Legal Ethics

The highest moral and ethical standards should be maintained so that the people will continue to
repose their trust in lawyers and in the role they play in the administration of justice
Consequently the continued existence of the legal profession is ensured. Legal profession
depends largely on public trust and confidence on public perception. Legal ethics is important
because it strives to maintain a code of conduct, a set of proper conduct which lawyers must
comply with and must observe. If there is a breach of ethical standards, then there are the
corresponding repercussions or punishment. So this is a way of showing to the public that the
legal profession is a profession that we can trust. If this is fostered the legal profession will be
perpetuated, the continued existence of the legal profession is ensured.

Legal profession is not a business. Legal profession is very much different from a business.

Legal Profession Distinguished from Business:

❖ Duty of public service, of which emolument is a by-product

➢ Primary consideration of a business is to make profit, to make money.
➢ Render public service, legal service
❖ Lawyer is an officer of the court
➢ The lawyer works in partnership with the court, without lawyers courts cannot do
judicial business.
➢ Courts are dependent to lawyers
➢ Lawyers must be honest to the court, must treat the court with candor, fairness
and honesty.
➢ The lawyers have the duty to help the court
❖ Fiduciary relation to client
➢ The lawyer is a trusted person, if the clients hire you because the client trust you
➢ A great asset that a lawyer must have the asset of trustworthiness.
➢ A great asset that a lawyer must have the asset of trustworthiness.
❖ Candor, fairness to colleagues in the bar
➢ Ethical rule prohibiting the stealing of clients
Legal Profession is not a Money-Making Trade

● The legal profession is a branch of the administration of justice

● If the respect of the people in the honor and integrity of the legal profession is to be
retained, both lawyers and laymen must recognize and realize that the legal profession is
a profession and not a trade, and that the basic idea of that profession is to render public
service and secure justice for those who seek its aid.

Can businesses practice law? Can lawyers form a corporation and practice with the
corporation?

The law, in fact, prohibits a business or commercial partnership or juridical entity to engage in
the practice of law, the reason being that a commercial partnership or juridical entity, by the very
nature of the practice of law, cannot possess nor comply with the qualifications and requirements
of a lawyer. (Sec 1, Rule 138, ROC; Re Coop Co, 198 NY 479, 92 NE 15)

The very nature of the practice of law is that it requires personal responsibility and
accountability.

Businesses cannot practice law.

Who can practice law?

Sec 1, Rule 1238, ROC

Any person heretofore duly admitted as a member of the bar, or hereafter admitted as such in
accordance with the provisions of this rule, and who is in good and regular standing, is entitled to
practice law.

What is the process of bar admission in the Philippines?

First, you have to comply will all the essential requirements/essential qualifications Take the bar,
pass the bar Take lawyers oath Signed rule of attorneys

Can corporations practice law?

No. Practice of law is reserved only to natural persons who are lawyers, either as solo
practitioners or in partnership with other lawyers.

No corporate practice of law

● The underlying reason why a juridical entity or corporate agency cannot practice law
rests on the nature of the privilege and on the confidential and trust relation between
attorney and client.
● Basis of practice of law is personal responsibility and accountability

What about law firms or law offices?

Law firms are not natural persons. We have to make sure who is practicing law, the individual
lawyers in the law firm are the ones who practice law.

● A partnership in the practice of law is a mere relationship or association for such a

particular purpose. It is not a legal entity. It is not a partnership formed for the purpose of
carrying on a trade or business or of holding property.
● A professional law partnership, even if registered with the SEC, is not even a taxpayer
and any lawyer practicing law under a law partnership is considered a solo practitioner
who is the taxpayer and not the law partnership. (Tan vs Del Rosario., 237 SCRA 324)

CASE DIGEST

CASE TITLE: Tan V Del Rosario (237 SCRA 324)

Facts: The constitutionality of R.A. 7946, or the Simplified Net Income Taxation Scheme
(SNIT), was challenged on the following grounds:

(a) it adopts a gross income taxation scheme;

(b) it attempts to tax single proprietorships and professionals differently from corporations and
partnerships; and
(c) it violates the due process and protection clauses.

The validity of Sec. 6 of the Revenue Regulation No. 2-93, which makes SNIT applicable to
partners in general professional partnerships, was also challenged for unlawfully creating a
distinction between a person who practices his profession individually and one who does it
through partnership with others.

Issues:

➔ Whether or not RA 7496 violates the Constitutional requirement that taxation shall be
uniform and equitable.

Rulings:

➔ No. uniformity of taxation, like the hindered concept of equal protection, merely
requires that all subjects or objects of taxation similarly situated are to be treated alike
both privileges and liabilities. Uniformity does not offend classification as long as it
rests on substantial distinctions, it is germane to the purpose of the law. It is not limited
to existing only and must apply equally to all members of the same class.
◆ The legislative intent is to increasingly shift the income tax system towards the
scheduled approach in taxation of individual taxpayers and maintain the present
global treatment on taxable corporations. This classification is neither arbitrary
nor inappropriate.

Is Legal Ethics important to the individual careers of lawyers?

 ● Yes, because no matter what field of law you find yourself in, the rules of ethics remain
the same and applicable to all lawyers out there.
● Legal ethics are then very important for a lawyer to remain a lawyer as long as he wants
to. It ensures perpetuation of the career of a lawyer.

Sources of Legal Ethics

A. Constitution
a. Sec 5(5), Article VIII. 1987 Constitution
b. The Supreme Court has the power to promulgate rules concerning:
i. The protection and enforcement of constitutional rights
ii. Pleading, practice and procedure in all courts
iii. The admission to the practice of law
iv. The Integrated Bar
v. Legal assistance to the underprivileged.
c. Can these persons practice law concurrent with their public post?
1. President, Vice-President, Members of the Cabinet, and their
deputies or assistants
a. Sec 13, Art VII, 1987 Constitution
b. Absolutely prohibited from the private practice of law or
any other profession for that matter
c. Under the constitution:
i. Hold any other office or employment during their
tenure (unless provided by the constitution)
ii. Directly or indirectly practice any other profession
during their nature.
2. Senators, Members of the House of Representatives
a. Sec. 14, Art VI, 1987 Constitution
b. Yes as long as Senator or Member of the House of
Representatives may personally appear as counsel before:
i. Any court of justice
ii. Electoral tribunals
iii. Quasi-judicial and other administrative bodies

CASE DIGEST

CASE TITLE: Cayetano vs. Monsod [G.R. No. 100113, September 3, 1991]

Facts: Respondent Christian Monsod was nominated by President Corazon C. Aquino to the
position of Chairman of the COMELEC in a letter received by the Secretariat of the
 Commission on Appointments on April 25, 1991. Petitioner Renato Cayetano opposed the
nomination because allegedly Monsod does not possess the required qualification of having
been engaged in the practice of law for at least ten years. Atty. Monsod has worked as a lawyer
in the law office of his father (1960-1963); an operations officer with the World Bank Group
(1963-1970); Chief Executive Officer of an investment bank (1970-1986); legal or economic
consultant on various companies (1986); Secretary General of NAMFREL (1986); member of
Constitutional Commission (1986-1987); National Chairman of NAMFREL (1987); and
member of the quasi-judicial Davide Commission (1990).

On June 5, 1991, the Commission on Appointments confirmed the nomination of Monsod as

Chairman of the COMELEC.On June 18, 1991, he took his oath of office. On the same day, he
assumed office as Chairman of the COMELEC.Challenging the validity of the confirmation by
the Commission on Appointments of Monsod’s nomination, petitioner as a citizen and
taxpayer, filed the instant petition for certiorari and prohibition praying that said confirmation
and the consequent appointment of Monsod as Chairman of the Commission on Elections be
declared null and void.

Issues:

➔ Whether or not the respondent posseses the required qualification of having engaged in
the practice of law for at least ten years.

Held:

The Supreme Court ruled that Atty. Monsod possessed the required qualification. In the case of
Philippine Lawyers Association vs. Agrava: The practice of law is not limited to the conduct
of cases or litigation in court. In general, all advice to clients, and all action taken for them in
matters connected with the law incorporation services, assessment and condemnation services,
contemplating an appearance before judicial body, the foreclosure of mortgage, enforcement of
a creditor’s claim in bankruptcy and insolvency proceedings, and conducting proceedings in
attachment, and in matters of estate and guardianship have been held to constitute law practice.

Practice of law means any activity, in or out of court, which requires the application of law,
legal procedure, knowledge, training and experience. “To engage in the practice of law is to
perform those acts which are characteristics of the profession. In general, a practice of law
requires a lawyer and client relationship, it is whether in or out of court. As such, the petition
is dismissed.
Practice of law refers to any activity in and out of court which involves the application of legal
knowledge, expertise and skills.

3. Members of Constitutional Commission

a. Commission on Audit, Commission on Election, Civil
Service Commission
b. Sec. 2, Art IX-A, 1987 Constitution
 c. No member of the Constitutional Commissions shall,
during his tenure, hold any other office or employment;
neither shall he engage in the practice of any profession.
4. Ombudsman and deputies
a. Sec. 8, Art XI, 1987 Constitution
b. During their tenure, the Ombudsman and his deputies, shall
be subject to the same disqualifications and prohibitions as
provided for in Sec. 2, Art. IX-A.
5. Judges and Justices
6. Retired Judges and Justices
7. Governors, City and Municipal Mayors
8. Sanggunian Members
B. Rules of Court
a. Rule 138 – Attorneys and Admission to the Bar
b. Rule 138-A – Law Student Practice Rule
c. Rule 139-A – Integrated Bar of the Philippines
d. Rule 139-A – Integrated Bar of the Philippines
e. Attorney client privilege
C. Legislation
a. Article 1491 (5), Civil Code
i. The following cannot acquire by purchase, even at public or judicial
action, either in person or through the mediation of another (5) justices,
judges, prosecuting attorneys, clerks of superior and inferior courts, and
other officers or employees connected with the administration of justice
the property rights in litigation or levied upon on execution before the
court within the whose jurisdiction or territory they exercise their
respective functions; this prohibition includes the act of acquiring by
assignment and shall apply to lawyers, with respect to the property and
rights which may be the object of any litigation in which they take part by
virtue of their profession.
ii. The judges, justices, clerks of the court and other officers in the court are
not allowed to acquire property or rights subject of litigation before them,
the same with lawyers with respect to property rights which may be the
object of any litigation which they take part in.
b. Arts. 203,222, Labor Code
i. Attorney’s fees
c. Art. 209, RPC
i. Betrayal of Trust by an Attorney
d. Local Government Code Sec 90, TITLE III, BOOK 1, RA 7160
 i. Practice of Profession – (a) All governors, city and municipal mayors are
prohibited from practicing their profession or engaging in any occupation
other than the exercise of their functions as local chief executives.

What about vice mayor, vice governor?

● They are not included in the prohibition.

● They are the presiding officer of the local sanggunian.

Barangay Captain

● While he is not included in the prohibition of Sec 90

★ No Senator or member of the House may personally appear as counsel before any court,
electoral tribunal, quasi-judicial and other administrative bodies.
★ Sec. 90, R.A. 7160 – Sanggunian members shall not:
○ Appear as counsel before any court in a civil case wherein a local government
unit or any office, agency, or instrumentality of the government is the adverse
party
○ Appear as counsel in criminal case wherein an officer or employee of the national
or local government is accused of an offense committed in relation to his office
○ Collect any fee for their appearance in administrative proceedings involving the
LGU of which he is an official
○ Use property and personnel of the government except when the Sangguniang
Member concerned is defending the interest of the government.
★ Sec 1, R.A. 910 – a retired justice or judge receiving pension from the government cannot
act as counsel in any civil case in which the government or any of its subdivision or
agencies as the adverse party or in a criminal case wherein an officer/employee of the
government is accused of an offense in relation to his office

D. Court Decisions
E. Code of Professional Responsibility
a. Drafted by the Committee on Responsibility, Discipline and Disbarment of the
IBP
b. Promulgated by SC on June 21, 1988
c. Being an issuance of the SC, it is binding on all lawyers
d. Canons of Professional Ethics only suppletory
e. In case of conflict between Canons and code, the CPR prevails
F. Canons of Professional Ethics
 a. Adopted by the American Bar Association in 1908
b. Adopted by the Philippine Bar Association in its 1917 and revised 1946
Constitutions
G. Court Decisions
H. Treaties
a. Books containing formal and methodical exposition of the principles of certain
subjects. Authoritative treatises on legal ethics are often cited by courts, and thus
serve as sources of legal ethics.
I. Other sources
a. e.g. ABA 1983 Model Rules of Professional conduct, ABA 1969 Model Code of
Professional Responsibility.
b.
LEGAL PROFESSION

Characteristics of Legal Profession:

1. Organization
2. Learning
3. Spirit of Public Service

PRIVILEGE? RIGHT?

● Practicing law is a privilege

Who can practice law?

● Admitted as member of the Bar

● Good and regular standing (Sec 1, Rule 138, Rules of Court)

Practice of Law a Privilege, but also in the nature of a right

● Privilege because lawyers must bow to the inherent regulatory power of the Court
to exact compliance with the lawyer’s public responsibilities
● Right because the lawyer cannot be prevented from practicing law except for valid
reasons (e.g. prohibitions on some public officers)
○ Philippine Lawyers’ Association v. Agrava, 105 PHIL 173
● Members of the Philippine Bar may practice before the Patent Office (IPO) without
further examination and other qualifications

Jurisprudence
Non-Disclosure of Pending Case

The disclosure requirements are imposed by the Court to determine whether there is satisfactory
evidence of good moral character of the applicant. The nature of whatever cases are pending
against the applicant would aid the Court in determining whether he is endowed with the
moral fitness demanded of a lawyer. By concealing the existence of such cases, the
applicant then flunks the test of fitness even if the cases are ultimately proven to be
unwarranted or insufficient to impugn or affect the good moral character of the applicant.

Use of the title “Atty” in his communication as Secretary to the Mayor

Moreover, his use of the application “Attorney”, knowing fully well that he is not entitled to
its use, cannot go unchecked. In Alawi v. Alauya, the courts had the occasion to discuss the
impropriety of the use of the title of “Attorney” by members of the Shari’a Bar who are
not likewise members of the Philippine Bar.

The title “Attorney” is reserved to those who, having obtained the necessary degree in the
study of law and successfully taken the Bar Examinations, have been admitted to the
Integrated Bar of the Philippines and remain members thereof in good standing; and it is
they only who are authorized to practice law in this jurisdiction.

Stated otherwise, before a lawyer who reacquires Filipino citizenship pursuant to RA 9225
can resume his law practice, he must first secure from this Court the authority to do so,
conditioned on:

1. The updating and payment in full of the annual membership dues in the IBP
2. The payment of professional tax
3. The completion of at least 36 credit hours of mandatory continuing legal education;
this is especially significant to refresh the applicant/petitioner’s knowledge of Philippine
laws and update him or legal developments and;
4. The retaking of the lawyer’s oath which will not only remind him of his duties and
responsibilities as a lawyer and as an officer of the Court, but also renew his pledge
to maintain allegiance to the Republic of the Philippines.

● The Court does not discount the possibility that the respondent may later on complete
his college education and earn a law degree under his real name. However, his false
assumption of his brother’s name, identity and educational records renders him
unfit for admission to the Bar. The practice of law, after all, is not a natural, absolute or
constitutional right to be granted to everyone who demands it. Rather, it is a
 privilege limited to citizens of good moral character. BARRED FROM BEING
ADMITTED AS MEMBER OF THE BAR IN THE FUTURE.

● In this case, respondent’s admission to the Philippine Bar has long been held in
abeyance due to the criminal cases pending against him before the Office of the City
Prosecutor of Quezon City. Per the rollo, it appears that all criminal charges against
him have been dismissed except for the most recent one filed in 2019. The timing of
the filing of this case, however, is highly suspect as it came just as the other criminal
charges against respondents were dismissed on June 28, 2018, January 4, 2019 and
October 12, 2019. Thus, it can no longer be denied that the manifest intention of
complainant in successively filing these criminal cases against respondent is to
prevent him from taking the Lawyer’s Oath and signing the Roll of Attorneys – the
last two steps needed to be undertaken by respondent to become a full-fledged lawyer.
The dismissal of all other criminal charges respondent, coupled with various
certifications of good moral character in his favor, is sufficient for the Court to
conclude that respondent possesses the moral qualifications required of lawyers.
Though it is true that the practice of law is not a right but a privilege, the Court will
not unjustifiably withhold this privilege from the respondent, who has clearly shown that
he is both intellectually and morally qualified to join the legal profession. And so,
after almost six years of waiting, the Court finally grants respondent’s prayer for
admission to the Philippine Bar.

BAR ADMISSION 1

Power to Admit to the Bar

● Supreme Court
● Bar Admission
● Bar Exams

Bar Admission
1. Authority of the SC over the legal profession is a constituent element of its judicial
power
2. Neither executive nor legislative
3. SC promulgate the rules
4. Power to admit, power to disbar

Bar Subjects
● Political Law
● Labor Law
● Civil Law
 ● Taxation Law
● Mercantile Law
● Criminal Law
● Remedial Law
● Legal and Judicial Ethics and Practical Exercises

Basics:
● Educational requirements
● Qualifications

Education
● At least 4 year LLB or JD
● The law course is equivalent to a doctoral degree

Resolution No. 2019-406 (A Resolution Setting the Graduate-Level Degree Equivalency

of the Basic Law Course)

Whereas, it is equitable and fair to consider the basic law degrees, now consolidated to JD
Degree, equivalent to an academic doctoral degree in other disciplines for the following
reasons:

● The total aggregate graduate-level curricular requirements to finish a doctoral degree

is approximately 100 units (combined for master’s and doctoral studies), with a
dissertation, while the curricular requirement to finish the JD Degree Non-Thesis
(previously LLB Degree) and the JD Degree with Thesis are 152 units and 168 units,
respectively
● While the basic law degree do not require a dissertation, its curricular requirement
is, however, significantly more than that for doctoral studies and
● The curricular duration to complete the combined master’s and doctoral studies is
substantially the same as that for the basic law course

Wherefore, be it resolved, as it is hereby resolved, that the basic law degrees (whether
LLB or JD) earned from law schools recognized or supervised by the LEB and its
predecessor regulatory agencies shall be considered as equivalent to doctoral degrees in other
non-law academic principles for purposes of appointment/ employment, ranking and
compensation.

Resolved further, that graduate law degrees, such as Master of Laws (Ll.M), Doctor od
CivilLaw or Doctor of Juridical Science, earned from graduate schools of law recognized or
supervised by the LEB and its predecessor regulatory agencies shall be considered as
additional degrees for purposed of promotion, ranking and compensation in accordance with the
rules and regulations of the agency or institution

Qualifications
● Citizen of the Philippines
● Good moral character
● At least 21
● Must produce before the SC, satisfactory evidence of good moral character and that
no charges against him, involving moral principles, have been filed or are pending in
any court in the Philippines

Continuing Requisites

Who can practice law?

● Admitted as member of the Bar

● Good and regular standing (Sec 1, Rules 138, ROC)

How is Membership in good standing maintained?

Bar Member in good standing:

● Payment of annual membership dues in the IBP - Payment of the annual professional tax
● Compliance with the mandatory continuing legal education requirement
● Faithful observance of the rules and ethics of the profession and being continually
subject to judicial and disciplinary control.

Why is the practice of law generally limited to lawyers?

● To protect party litigants because of the complex nature of judicial proceedings

● To protect public interest though assuring that judicial proceedings take place with
dispatch without sacrificing justice and efficiency

Non-Lawyers Allowed

GR: a non-lawyer may represent a party before MTC

Exc: criminal case
Exc to exc: in a locality, where a duly licensed member of the Bar is
not available
Law Student Practice
● AM No. 19-03-24-SC (Revised Law Student Practice Rule)

Labor Code
1. They represent themselves
2. They represent their organization or members thereof with written authorization of
the latter
3. Duly accredited members of any legal aid office duly recognized by the DOJ, or the
IBP in cases referred to by the latter

● Under the Cadastral Act, non-lawyer can represent a claimant before the cadastral
court
● Before the Department of Agrarian Reform Adjudication Board Appearance “In
Propria Persona” or “Pro Se” Practice - Appearance in court by a non-lawyer for
himself and without the assistance of a member of the Bar

Basis

Sec 34, Rule 138, ROC

By whom litigation is conducted.

● In the court of a justice of the peace, a party may conduct his litigation in person, with
the aid of an agent or friend appointed by him for that purpose, or with the aid of an
attorney. In any ither court, a party may conduct his litigation personally or by aid of an
attorney and his appearance must be either personal or by a duly authorized member of
the bar.

Case

In litigation, parties may personally do everything during its progress – from its
commencement to its termination. When they, however, act as their own attorneys, they are
restricted to the same rules of evidence and procedure as those qualified to practice law;
otherwise, ignorance would be unjustifiably rewarded.

Individuals have long been permitted to manage, prosecute and defend their own actions and
when they do so, they are not considered to be in the practice of law. “One does not practice law
by acting himself any more than he practices medicine by rendering first aid to himself.”
(Maderada v. Maderada, AM No. MTJ-02-1459, Oct. 14, 2003)
BAR ADMISSIONS 2

Proceedings Where Lawyers are Prohibited to Appear

● Conciliation proceedings under the Katarungagng Pambarangay Law

● Small Claims cases
● Indigenous System of Settlement (Section 10, Rule 4, NCIP ADMINISTRATIVE
CICRULAR No. 1-03) pursuant to RA 8371, “The Indigenous Peoples Right Act of
1997” – As a general rule, lawyers are prohibited to appear for any party as counsel,
except when such lawyer is appearing in his/her capacity as a member of the council
of elders or due to his/her obligation as member of the Ip community or for the
purpose of defending or prosecuting his/her case
● Sec 5 (7) on Settlement of Money Claims, Guideline No. IX (Insurance Guidelines on
Rule XVI of the Omnibus Rules and Regulations Implementing RA 8042 (“The
Migrant workers and Overseas Filipinos Act of 1995”) as amended by RA 10022
relative to Compulsory Insurance Coverage for Agency-hired OFWs) – Lawyers for
the insurance companies , unless the latter are impleaded, shall be prohibited to appear
before the NLRC in money claims cases under Rule VII of the Omnibus Rules

Law, Ethics, Morality

Retrieved from: https://ethics.org.au/ethics-morality-law-whats-the-difference/

Some people talk about their personal ethics, others talk about a set of morals, and everyone
in a society is governed by the same set of laws. They can be easy to conflate.

Knowing the difference and relationship between them is important though, because they
can conflict with one another. If the law conflicts with our personal values or a moral
system, we have to act – but to do so we need to be able to tell the difference between them.

Ethics

Ethics is a branch of philosophy that aims to answer the basic question, “What should I
do?” It’s a process of reflection in which people’s decisions are shaped by their values,
principles,and purpose rather than unthinking habits, social conventions, or self-interest.

Our values, principles, and purpose are what give us a sense of what’s good, right, and
meaningful in our lives. They serve as a reference point for all the possible courses of action
we could choose. In this definition, an ethical decision is one made based on reflection about the
things we think are important and that is consistent with those beliefs.
While each person is able to reflect and discover their own sense of what’s good, right, and
meaningful, the course of human history has seen different groups unify around different sets
of values, purposes and principles. Christians, consequentialists, Buddhists, Stoics and the
rest all provide different answers to that question, “What should I do?” Each of these answers
is a ‘morality’.

Morality

Many people find morality extremely useful. Not everyone has the time and training to reflect on
the kind of life they want to live, considering all the different combinations of values, principles,
and purposes. It’s helpful for them to have a coherent, consistent account that has been
refined through history and can be applied in their day to day lives.

Many people also inherit their morality from their family, community or culture – it’s rare for
somebody to ‘shop around’ for the morality that most closely fits their personal beliefs.
Usually the process is unconscious. There’s a challenge here: if we inherit a ready-made answer
to the question of how we should live, it’s possible to apply it to our lives without ever
assessing whether the answer is satisfactory or not.

We might live our whole lives under a moral system which, if we’d had the chance to
think about, we would have rejected in part or in full.

Law

The law is different. It’s not a morality in the strict sense of the word because, at least
in democratic nations, it tries to create a private space where individuals can live
according to their own ethical beliefs or morality. Instead, the law tries to create a basic,
enforceable standard of behavior necessary in order for a community to succeed and in which
all people are treated equally.

Because of this, the law is narrower in focus than ethics or morality. There are some matters the
law will be agnostic on but which ethics and morality have a lot to say. For example, the
law will be useless to you if you’re trying to decide whether to tell your competitor their new
client has a reputation for not paying their invoices, but our ideas about what’s good and right
will still guide our judgment here.

There is a temptation to see the law and ethics as the same – so long as we’re fulfilling our legal
obligations we can consider ourselves ‘ethical’. This is mistaken on two fronts. First, the
law outlines a basic standard of behavior necessary for our social institutions to keep
functioning. For example, it protects basic consumer rights. However, in certain situations the
right thing to do in solving a dispute with a customer might require us to go beyond our legal
obligations.

Secondly, there may be times when obeying the law would require us to act against our ethics or
morality. A doctor might be obligated to perform a procedure they believe is unethical or a
public servant might believe it’s their duty to leak classified information to the press.
Some philosophers have argued that a person’s conscience is more binding on them than
any law, which suggests that the letter of the law won’t be an adequate substitute for ethical
reflection.

YouTube Video - Transcribed

Retrieved from: https://youtu.be/Xki2fRA0bY8

The world around us is a smorgasbord of beliefs, claims, rules and norms about how we
should live and behave. It’s important to tease apart these factors so we can put them in their
proper place. Otherwise, it can be hard to know what to do especially when some of these
requirements contradict others. Let’s talk about three different categories of demands on how
we should live: Laws are formal rules that govern how we behave as members of society.
They specify what we must do and more frequently what we must not do

They're upheld and applied by the state and the court system. And their role is to create a basic,
enforceable standard of behavior. The law has a narrower focus than either morality or ethics.
Laws can be ‘just’ or ‘unjust’ and are subject to ethical assessment. Plus, there are some matters
about which the law will be silent but where morality and ethics have a lot to say. For
example, the law is of no use if you’re trying to decide whether to speak up when you hear a
friend make a racist joke. But ideas about what’s good and right will still guide our judgment
here. Morality refers to an informal framework of values, principles, beliefs, customs and ways
of living. Moralities aren’t usually enforced by the State but there are often social pressures
to conform to moral norms. Some people consider themselves to be so strongly bound by
certain moral codes that even to question the moral system would be wrong. Some
examples of moralities include: Christianity, Stoicism, and Buddhism. Each of these
provides a set of answers to basic ethical questions like ‘How should I live?’ and ‘What
should I do?’ Many people inherit their morality from their family, community or culture.
It’s rare for someone to ‘shop around’ for the morality that most closely fits their personal
beliefs. What sets morality apart from ethics is that you can apply morality as a matter of habit.
– Without having to think. You can simply obey, or follow the instructions from those who claim
moral authority within a particular tradition. Maybe a world of habitually virtuous individuals is
better than one where people are habitually vicious. Plus, having a coherent, consistent
account of how to live can be a source of comfort – especially in a complex and uncertain
world. But there is also a risk in living what the Greek philosopher Socrates called

an unexamined life. If we just accept a ready-made answer to the question of ‘How we

should live?’,

we might live our whole lives under a moral system which if we’d thought about it we
would have rejected in part or in full. This is where ethics comes in. Ethics is a branch of
philosophy that aims to answer the basic question, ‘What should I do? ‘It’s a process of
reflection in which people’s decisions are shaped by their values, principles, and purpose
rather than unthinking habits or social conventions. Our values, principles, and purpose are
what give us a sense of what’s good, right, and meaningful in our lives. They serve as a
reference point for all the possible courses of action we could choose. On this definition It can
be tempting to see law, morality and ethics as more-or-less the same. We might think that
so long as we’re fulfilling our legal

or moral obligations we can consider ourselves ‘ethical’. In reality, there is more to ethics than
morality and law. Ethics requires us to think about issues the law can’t or doesn’t address. It
puts moral systems under the microscope to see if they hold up. In an ideal world, our
ethical beliefs shape the kinds of laws and moral systems a society develops. When our
conscious, reflective, ethical views on what’s good and right change we ought to change the
laws to reflect them. And likewise, our moralities should evolve in response to insights
generated from ethical reflection. But we can only do this if we have a tool kit that keeps
open questions to do with what is good and right. And that tool kit? That’s ethics.

Ethics and Morality

Relation of Ethics and Morality

Morals define personal character, while ethics stresses a social system in which those
morals are applied. In other words, ethics point to standards or codes of behavior expected
by the group to which the individual belongs.

Example:

Consider a criminal defense lawyer. Though the lawyer’s personal moral code likely finds
murder immoral and reprehensible, ethics demand the accused client be defended as
vigorously as possible, even when the lawyer knows the party is guilty and that a freed
defendant would potentially lead to more crime. Legal ethics must override personal morals for
the greater good of upholding a justice system in which the accused are given a fair trial and the
prosecution must prove guilt beyond a reasonable doubt.

Relation of Ethics and Morality

Corollary Principles:
Not everything legal is moral.
Not everything legal is ethical.