Jurisprudence and Legal Ethics
Legal Philosophy
Jurisprudence examines the nature of law. Natural law (law derives from morality), legal positivism (law is what is posited by authority - Austin, Hart), legal realism (law as what courts actually do - Holmes, Llewellyn), and critical approaches (critical legal studies, feminist jurisprudence, critical race theory). Understanding these frames helps analyze hard cases and the role of discretion.
Legal Ethics Theory
Beyond the Rules, ethics asks what a lawyer's role is: zealous advocate (Parsons), moral agent (Simon), or fiduciary. The tension between client loyalty and duties to the court and third parties is a recurring theme. Confidentiality, candor, and conflicts are the practical flashpoints.
Professional Identity
California emphasizes civility, competence, and continuing legal education (25 hours every 3 years, including specialty credits). The State Bar's Client Security Fund and mandatory fee arbitration provide client remedies. Pro bono and access-to-justice obligations are aspirational but important.
Traps
Conflating legal positivism with natural law; treating the Rules as the entirety of ethics; forgetting that the duty of candor to the tribunal can override confidentiality in narrow circumstances (Rule 3.3).
Rule of Thumb
When an ethics question pits client loyalty against a duty to the court or third party, identify the specific rule and whether disclosure is mandatory or permissive. Candor to the tribunal generally prevails over confidentiality when the client's conduct threatens the integrity of the proceeding.