The word "ethics" is derived from the Greek word ethos (character), and from the Latin word mores (customs). In the legal context, ethics defines how individuals choose to interact with one another. In philosophy, ethics defines what is good for the individual and for s…
What is ethics?
Though law often embodies ethical principles, law and ethics are far from co-extensive. Many acts that would be widely condemned as unethical are not prohibited by law -- lying or betraying the confidence of a friend, for example. And the contrary is true as well. In much that the law does, it is not simply codifying ethical norms.
Most professions have highly detailed and enforceable codes for their respective memberships. In some cases, these are spoken of as "professional ethics," or in the case of law, "legal ethics." For example, the American Library Association has a Code of Ethics, the American Medical Association has the Code of Medical Ethics and the American Bar Association has the Model Rules of Professional Conduct. Other professions with codes include dentistry, social work, education, government service, engineering, journalism, real estate, advertising, architecture, banking, insurance, and human resources management. Some of these codes have been incorporated into the public law. All are likely to have some effect on judgments about professional conduct in litigation. Generally, failure to comply with a code of professional ethics may result in expulsion from the profession or some lesser sanction.
Additional Resources:
• Online Journal of Ethics
• Institute for Business and Professional Ethics
Why ethics matters
ethics appears in U.S. legal practice across multiple practice areas. Knowing what it means — and when it applies — can determine the outcome of motions, filings, and negotiations. For non-lawyers, the value of looking up a precise definition is that legal terms often carry meanings that differ from everyday usage; relying on the common meaning can lead to costly missteps.
How ethics works in practice
In practice, ethics is invoked when parties, judges, or attorneys need to identify the legal status of an issue, the rights of those involved, or the procedural step required next. The definition shown above is sourced from Cornell LII Wex , which is widely cited in U.S. legal practice. Because U.S. law is jurisdictionally layered — federal, state, and sometimes local — the precise application of the term can vary by court, so check the controlling authority for your specific case.