The Sociology of Law
Online ISSN : 2424-1423
Print ISSN : 0437-6161
ISSN-L : 0437-6161
Ethics in Professional Conduct
Takafumi Hayano
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JOURNAL FREE ACCESS

2004 Volume 2004 Issue 61 Pages 167-186,219

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Abstract
In Japan, ethics in the professional conduct of attorneys are often perceived merely as moral principles. This is based on the historical effort by the Japanese judiciary to "remain outside of politics." The Attorneys Act of Japan defines attorneys as soldiers of freedom and democracy. However, such duty has not been recognized in practice. One perspective on the role of licensed attorneys is that they are a part of the system of politics, in that they work for the interests of the general public.
The recent judicial reform redefined the relationship between individuals and the government. It proposed a new model of law and society where self-disciplined individuals work for the common good in the public arena. The role of professional attorneys is to adopt those individuals as equal partners and support their battles for freedom and democracy. This support should be based on a harmonizing of the public interest, advocacy for the client and personal profit. Professional ethics exists to balance these three imperatives.
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© The Japanese Association of Sociology of Law
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