Final answer:
Lawyers have duties of honesty, compliance with professional rules, and accountability to the court. Ethical dilemmas arise when these duties conflict, requiring lawyers to balance competing obligations and make judgments based on the specific circumstances of each case.
Step-by-step explanation:
A lawyer has several duties, as mandated by their profession's ethical guidelines and the standards set by regulatory bodies such as the Bar Standards Board. One of these duties is to be honest, not only in dealings with the court but with all parties involved. Additionally, lawyers must comply with the rules of their profession, which involve adhering to the codes of conduct that guide their professional behavior. Ethical dilemmas often arise for barristers when these duties conflict. For example, when adhering to the truth may put someone in harm's way or when maintaining client confidentiality conflicts with the broader good.
The Bar Standards Board Code of Conduct demands that barristers act with honesty and integrity, uphold the administration of justice, and maintain their independence. However, applying these principles to real-life situations can be complex. Sir William David Ross's theories on prima facie duties indicate that ethical decisions often require a balance of competing obligations and that moral judgment is intrinsic to the process. Ross emphasized that while certain duties, such as non-maleficence and fidelity, might often take precedence, a lawyer must carefully weigh the facts and circumstances of each case to determine which duty is most pressing.
In the realm of legal ethics, barristers are often required to navigate intricate situations where multiple prima facie duties are in play, and their decision-making process is critical in resolving these ethical dilemmas. Indeed, in practice, barristers may sometimes find themselves in positions where professional responsibilities and moral considerations intersect, demanding astute judgment to fulfill their role effectively and ethically.