ABSTRACT

This paper examines the ethical behaviour of new lawyers from two contrasting points of view. First, we review the prevalence and type of ethical misconduct by lawyers in the Australian state of Victoria during their first three years of practice. This examination is based upon data provided by the professional conduct oversight body, the Victorian Legal Services Board & Commissioner. An analysis of this data provides some understanding of how often and what kinds of misconduct occur, and how new lawyers differ from lawyers, however the data yields limited insight into how we might prevent ethical problems. Consequently, we turn to examine the findings from our empirical study into the ethical climate of legal workplaces. That study investigated the perceptions of new lawyers about the ethical climate of their workplaces and revealed that those perceptions influence new lawyers’ understandings of professionalism and ethical conduct, as well as their job and career satisfaction and psychological wellbeing. By interrogating the developmental and situational context in which ordinary ethicality develops or is inhibited, a new opportunity becomes available to shape new lawyers’ practice towards better ethical outcomes.

摘要

本文从两个相反的角度考察了新律师的道德行为。首先，我们回顾了澳大利亚维多利亚州律师在执业的头三年中的普遍行为和道德不当行为的类型。该检查基于专业行为监督机构维多利亚州法律服务委员会和专员提供的数据。通过对这些数据的分析，可以了解发生不当行为的频率和种类，以及新律师与律师之间的区别，但是该数据对我们如何预防道德问题的认识有限。因此，我们转向对法律工作场所道德氛围的实证研究结果进行考察。该研究调查了新律师对其工作场所道德氛围的看法，并揭示了这些看法会影响新律师对专业精神和道德行为的理解，以及他们对工作和职业满意度以及心理健康的理解。通过审视普通道德发展或受到抑制的发展和情境背景，新的机会可用于塑造新律师的执业实践，以实现更好的道德结果。