Rules of Professional Conduct: Determinants Between the Law and Responsibility

The rules of professional take in consideration human motivation and behavior. The way an individual responds to the call of his or her duty should follow the rules of professional conduct. Upon the implementation of these rules, the person concerned should be able to adhere and conform to the different accountabilities he owes to his clients. What must be seen here is the proper and appropriate portrayal of the professional functions of a certain line of work.

The rules of professional conduct embodies ethical standards, in which, it goes so much deeper than the study of external actions. It explores an employee’s thoughts and feelings. It requires that man desires what is good and act accordance with that desire.

On the contrary, law requires that people must perform the required action regardless of our feelings towards such action. The law is concerned with the externality of the act. It has been already stated by Mortimer Adler in his “Ethics: The Study of Moral Values” that the law is certainly concerned not with what people feel but with what people do.

To clearly state the difference of a law and professional conduct, let us take a look at the role of a lawyer. This particular profession has the greatest foundation when it comes to rules of professional conduct. The rules of professional conduct are personal commitment and responsibilities of lawyers to uphold what is true and good. Rules of professional conduct aims to develop right disposition and inner spirit for accepting what is lawful. Despite these discrepancies, it is still expected that the lawyer must be able to follow and adhere to the rules of professional conduct and in conformity to what is being dictated by law. Hence, when a lawyer wants to be as efficient as his profession calls for it, he must be able to balance between what is good and what is of public interest patterned to his legal obligations.

The very premise of this argument is that the rules of professional conduct are rules of rationale. They should be decoded with citation to the principle of the law and the corresponding legal representation. Some of the rules are domineering, stated in words like “shall not.”

In spite of its domineering character, rules of professional conduct are created to describe good conduct for the objectives of professional regulation.

On some parts of the rules of professional conduct, the terms “may” or “may not” can be used, which, in turn, provides the lawyer a chance to impose professional judgment. This means that there shall be no probable actions that will penalize the lawyer’s preference whether or not he will conform to the rules stated in the professional conduct.

All of these things explain that the rules of professional conduct are not simply a body of do’s and don’ts, contrary to the manner laws are. Rules of professional conduct, therefore, has a wider implication than law, because can either be moral or immoral. Thus, what is legal is not necessarily moral; but what is moral is necessarily worth legalizing.

Submit a Comment

Your email address will not be published. Required fields are marked *