Judicial Law and Deontology: Ethics in Practice
The judicial function
Understand the status of judges and prosecutors: independence, impartiality, and the separation of the judiciary from the executive and legislative branches. Know the rules on appointment, promotion, and discipline. Master the principles of a fair trial: the right to an independent and impartial tribunal, the right to a public hearing, the right to be heard, the presumption of innocence, and the right to a decision within a reasonable time. Study the rules on the secrecy of deliberations, the duty to state reasons, and the prohibition of conflicts of interest.
Deontology of the legal profession
Know the duties of the lawyer: independence, confidentiality, loyalty, and the duty to avoid conflicts of interest. Understand the rules on fees, advertising, and the handling of client funds. Master the rules on the relationship with the court, the opposing party, and the professional order. Study the disciplinary regime and the sanctions for professional misconduct.
Traps
Questions often test whether a lawyer may act in a situation of conflict of interest and whether confidentiality survives the end of the mandate. Watch for the difference between independence and impartiality, and between a disciplinary sanction and a criminal sanction.
Rule of thumb
For any ethics question, ask: whose interest is at stake, what duty applies, and what sanction follows from the breach.