Legal Definitions - ethical consideration

An ethical consideration (often abbreviated as EC in legal texts) refers to an aspirational goal or guiding principle that encourages lawyers to uphold the highest standards of professional conduct and public service. These considerations are not strict rules that, if violated, automatically lead to disciplinary action. Instead, they represent ideals and best practices that lawyers are encouraged to strive for in their daily work, aiming to elevate the legal profession beyond its minimum requirements.

Here are some examples illustrating ethical considerations:

• Example 1: Clear Client Communication

  A lawyer represents a client in a complex real estate transaction. While legal rules require the lawyer to keep the client informed, an ethical consideration would encourage the lawyer to go beyond simply sending technical documents. This might involve scheduling extra meetings to patiently explain intricate legal jargon in plain language, ensuring the client fully comprehends the risks and implications, even if not strictly mandated by a disciplinary rule. The lawyer aspires to ensure the client is not just informed, but truly understands.

• Example 2: Professional Courtesy and Respect

  During a contentious litigation, an opposing counsel requests a short extension for a filing deadline due to a sudden, unforeseen family emergency. While the rules of procedure might allow the first lawyer to refuse and potentially gain a tactical advantage, an ethical consideration would prompt the lawyer to grant the extension out of professional courtesy and respect for a colleague's personal circumstances. This demonstrates a commitment to civility within the profession, even when not legally compelled.

• Example 3: Commitment to Public Service

  A successful corporate lawyer dedicates a portion of their time each year to providing free legal services (pro bono) to low-income individuals or non-profit organizations. While there isn't a strict disciplinary rule mandating a specific amount of pro bono work, an ethical consideration encourages lawyers to contribute to the public good and ensure access to justice for all. This lawyer's actions reflect an aspiration to use their skills to benefit society, not just paying clients.