Character in the Professions: Law

Welcome to this online course on character and virtue ethics in the legal profession. The course is centred on the moral theory of virtue ethics. This theory promotes the importance of personal character and virtues for making the right decisions, at the right time, in the right place and with the right people. 

As you work your way through the course you will be directed to post comments, answer questions, and share your thoughts with fellow learners on these discussion boards. We encourage you to do so as much as possible. It is important to treat fellow learners with respect. Please read the Discussion Board Guidelines before proceeding. By posting comments on the discussion boards, it is understood that you agree to adhere to these guidelines.

We hope you enjoy the course!

1.1 Introduction

Character in the Professions: Law 

Discussion Board Unit 1.1

Introduction to the Course

Please use these discussion boards to interact with your fellow learners. The discussion boards provide a unique opportunity for learners to debate ideas and thoughts generated by the ‘Character in the Professions: Law’ course and reflect on the application of theory discussed in your professional lives. Please begin by sharing your thoughts on the following questions:

 Post your comments below:

Unit 3: Reflection

Character in the Professions: Law

Discussion Board Unit 3

Reflection

Please use these discussion boards to interact with your fellow learners. The discussion boards provide a unique opportunity for learners to debate ideas and thoughts generated by the ‘Character in the Professions: Law’ course and reflect on the application of theory discussed in your professional lives.

Unit 3 is your opportunity to pause and engage in an active ‘Reflection’ about what you have studied. 

You may find it useful now to go back to the questions you answered at the beginning of the course and reflect on your thoughts. Do your thoughts differ now to when you started the course?

Begin by taking the below Quiz to check your learning and understanding.

Refer back to the dilemmas posed in Unit 2.5 and use the Markkula Center for Applied Ethics ‘Making an Ethical Decision’ app to work through the dilemma. State which dilemma you have tackled and discuss below.

Select one of the following statements and debate either for or against it on the discussion boards:

1. "To be a good lawyer, one must always be a virtuous person."
2. "To bring more positive ethical behaviour into the legal profession, we require more formal character education."
3. "Lawyers would be happier if their context of practice better enabled virtuous practice."

Other suggested activities are available, which your course tutor may direct you to.

Please post your comments below and join the discussion. 

2.6 Codes of Conduct

Character in the Professions: Law

Discussion Board Unit 2.6

Codes of Conduct

Please use these discussion boards to interact with your fellow learners. The discussion boards provide a unique opportunity for learners to debate ideas and thoughts generated by the ‘Character in the Professions: Law’ course and reflect on the application of theory discussed in your professional lives.

Unit 2.6 looks at regulatory ‘Codes of Conduct’ in the legal profession in England and Wales. Simply having written codes of conduct cannot guarantee the ethical performance of professionals.

Below are the Codes of Conduct for the various branches of the legal profession in England and Wales.

Activity 3 asks you to review the ‘you must’ and ‘you should’ terminology in these Codes. Is this prescriptive language useful as a trainee lawyer?

Design an ethical dilemma for fellow learners and describe it on these discussion boards. Challenge each other to create a list of actions and choose a course of action.  

Please post your comments below and join the discussion. 

2.4 Role Models

Character in the Professions: Law

Discussion Board Unit 2.4

Role Models

Please use these discussion boards to interact with your fellow learners. The discussion boards provide a unique opportunity for learners to debate ideas and thoughts generated by the ‘Character in the Professions: Law’ course and reflect on the application of theory discussed in your professional lives.

Unit 2.4 looks at the importance of ‘Role Models’ as individuals who can set positive examples for others, and who can be admired for their positive qualities or contributions.

Activity 1 suggests that you think about who you see as role models in your place of work or study. Can you list 5 qualities of character that each role model displays? Why do you notice those qualities of character in those people? When do they demonstrate these qualities of character?

Activity 2 looks at negative role models. Is there anyone who has influenced you through negative actions, and helped shape who you do not want to become?

Activity 4 refers to 5 high profile lawyers:

• Baroness Hale of Richmond
• Baroness Scotland of Asthal
• Michael Mansfield
• Baroness Kennedy of the Shaws
• Lord Denning

Why are these high profile figures often espoused as role models for the legal profession? Which character strengths do you identify with each exemplar?

Please post your comments below and join the discussion. 

2.3 Personal Character Strengths

Character in the Professions: Law

Discussion Board Unit 2.3

Personal Character Strengths

Please use these discussion boards to interact with your fellow learners. The discussion boards provide a unique opportunity for learners to debate ideas and thoughts generated by the ‘Character in the Professions: Law’ course and reflect on the application of theory discussed in your professional lives.

Unit 2.3 investigates ‘Personal Character Strengths’ with reference to the well-used ‘Values in Action’ survey. Take the survey and self-report your own character strengths.

Activity 2 challenges you to think of a time when you have been required to use one or more of the character strengths which appear in your top 5 from the VIA.
Discuss how you used those character strengths below. Did the virtues compete with one another at any point?

Activity 3 looks at Bystander Effect.

Watch the video and join the discussion:

Why do you think so many people ignored the man in ‘distress’?

Think of an example where you had the opportunity to act virtuously but failed to do so and chose an 'easier' option. Why did you act in the way that you did? What would it take for you to act in a ‘more virtuous’ way?

Please post your comments below and join the discussion. 

2.2 Lawyers in the News

Character in the Professions: Law

Discussion Board Unit 2.2

Lawyers in the News

Please use these discussion boards to interact with your fellow learners. The discussion boards provide a unique opportunity for learners to debate ideas and thoughts generated by the ‘Character in the Professions: Law’ course and reflect on the application of theory discussed in your professional lives.

Are lawyers required to be virtuous all of the time?

Can one be a virtuous lawyer if one is not a virtuous person?

Can one be a virtuous person if one is not a virtuous lawyer?

Unit 2.2 investigates ‘Lawyers in the News’. Activity 4 asks you to refer back to the examples presented in Activity 1. Select one of the 10 examples where the lawyer(s) have behaved virtuously. Which qualities of character has the lawyer shown?

Do you think that all lawyers should routinely behave in these ways?

Is it possible to be a virtuous legal professional and not be a virtuous person? If so, why? If not, why not?

Activity 5 focuses on cases 1-6 from Activity 1. Having reviewed the cases as if they were journalist pieces commenting on an absence of virtue in each scenario, consider the following questions:

1. What impact may each report have on the notion of virtue in the legal profession among members of the general public?
2. Do cases 8-10 provide a counterbalance to the examples of vice in the profession, or are they simply examples of "good people" rather than "good lawyers"?

Please post your comments below and join the discussion.