Law and Virtues - Essential to the Ethical Practice of Law:

Upholding high ethical standards is a key component of a lawyer's role, and to do this there are several virtues which are required. The virtues of diligence and honesty immediately come to mind. Virtues and law are interconnected at an intimate level, with the leading theorist on the topic being Thomas Aquinas.

Virtues in Law:

Virtues are integral to the practice of law, with one only having to look to the writings of Thomas Aquinas to see the connection between basic virtues and the imposing of laws. As he wrote; "Law is given for the purpose of directing human acts, and insofar as human acts conduce to virtue, to that extent does law make man good."

It must first be understood that there is a vast chasm between law and virtue. Law can be described as an extrinsic restraint of the actions of people, in particular those who are morally deficient, to limit their moral deficiencies. While virtue is the way in which one acts by their own free will in a moral way. The theories of Aquinas attempt to bridge this divide that exists between the law and morals. For him, "if the intention of the law giver is fixed on the true good... it follows that the effect is to make men good absolutely." Laws are designed to make men good, and the virtues that are inherent in the law can be classed as civic virtues, and a law-abiding citizen who follows these laws will therefore be a virtuous person. However not everyone is a law-abiding citizen and it is clear as day that there are unvirtuous people in the community, however these people will often obey the law through fear of punishment, and for Aquinas this is a kind of beginning of virtue. Meaning that law is a tool to create a virtuous society.

Aquinas wrote that; "the principles of the common law are said to be the seeds of the virtues." For him the law had the capacity to teach virtue to those willing to learn. At the same time it commands those who don't obey out of their inherent virtue, using different motivators to achieve the same result. However their motivation matters not as law is designed to not only restrain these people, but also to lead them to virtue. He does not pretend that every virtue is contained in the law, only those that are needed for the common good, and that it is impossible for the law to command every virtue and forbid every vice.

The Ethical Practice of Law:

Using these principles it's not a giant leap to assume that for the ethical practice of law, personal virtues play in incredibly important role. A virtue that deserves careful consideration is that of diligence. Diligence can be defined as, "reasonable care or attention to a matter." It seems obvious then that in the practice of law diligence would be an essential virtue for a lawyer to embody. It is the duty of a lawyer to act for their client with due diligence taking the appropriate legal action to protect their client’s interests and advance their position.

A second virtue that is essential to the ethical practice of law is that of honesty. A lawyer has a duty to act honestly in upholding the rule of law, and has a duty to the court to uphold this standard. As the Law Society of New South Wales' statement on the ethical responsibility of lawyers states; "We seek to maintain the highest standards of integrity honesty and fairness in all our dealings." Thomas Shaffer described this concept of trust as ‘parentalism’, in that a lawyer acted in a ‘parent-like’ way nurturing the needs of their client. A lawyer must understand the social setting of people and make decisions accordingly.

Conclusion:

Aquinas was correct when he described the principles of law as "the seeds of the virtues." The law is underpinned by basic moral principles that are even more important to be followed by those practicing the law than others. The virtues of diligence and honesty are two that are essential for the ethical practice of law.

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