Introduction to Advocacy and Legal Ethics

Note on Introduction to Advocacy and Legal Ethics by Legum

© MyGSL

Introduction to Advocacy and Legal Ethics

Introduction:

This note will discuss the meaning of advocacy, the meaning of legal ethics, and the scope of the Law of Advocacy and Legal Ethics.

Meaning of Advocacy

Black’s Law Dictionary, 9th ed., defines an advocate as a person who assists, defends, pleads, or prosecutes for another. As a verb, advocacy is the act of pleading, arguing, or speaking in support of a cause or on behalf of another person.

The Course Manual on the Law of Advocacy and Legal Ethics by the Board of Legal Education defines advocacy as the means by which a barrister puts their client’s case to the court and may be both written and oral.

To effectively advocate, the advocate must possess skills such as communication skills, listening skills, among others.

Meaning of Legal Ethics:

Per Black’s Law Dictionary, 9th ed., legal ethics refer to:

Standards of professional conduct applicable to members of the legal profession

According to Rhode and Luban in “Legal Ethics,”

In one sense, the term 'legal ethics' refers narrowly to the system of professional regulations governing the conduct of lawyers. In a broader sense, however, legal ethics is simply a special case of ethics in general, as ethics is understood in the central traditions of philosophy and religion. From this broader perspective, legal ethics cuts more deeply than legal regulation: it concerns the fundamentals of our moral lives as lawyers

In Ghana, various legal instruments make provisions on the ethics applicable to members of the legal profession, particularly lawyers. There is the Legal Profession Act, 1960 (Act 32) and the Legal Profession (Professional Conduct and Etiquette) Rules, 2020.

Scope of Advocacy and Legal Ethics

The course on the Law of Advocacy and Legal Ethics will cover the following topics:

  1. Communication skills.
  2. Interviewing of clients and witnesses.
  3. Listening skills.
  4. Non-verbal conception.
  5. Qualities of an advocate.
  6. Dispute resolution.
  7. Examination in chief.
  8. Cross-examination.
  9. Re-examination
  10. Closing address. And

Conclusion:

In subsequent notes, we will discuss each of the topics listed under the scope of Law of Advocacy and Legal Ethics.