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30 SAcLJ 427 (2018)
Ethics in Family Law - Beyond Legal Principles and into Value Judgments

handle is hein.journals/saclj30 and id is 441 raw text is: (2018) 30 SAcLJ 427 ETHICS IN FAMILY LAW - BEYOND LEGAL PRINCIPLES AND INTO VALUE JUDGMENTS Ethical practice by lawyers is fundamental to the rule of law and access to justice. That applies to practice in every jurisdiction. However, some jurisdictions impose additional ethical requirements which arise from their jurisprudence. That is nowhere more applicable than in family law. The overall discretionary nature of family law and, in particular, its emphasis on the paramountcy of the best interests of the child, create conflicts for practitioners, which can be difficult to resolve. This article considers universal ethical issues and many additional requirements imposed by the family law jurisdiction. Professor the Honourable Nahum MUSHIN AM* BJuris, LLB (Monash University); Adjunct Professor of Law, Monash University; Member, General Division, Order ofAustralia. I. Introduction 1 The law is the means by which a society regulates itself. Whether it be the side of the road on which we drive or the consequences of killing someone, that regulation is fundamental to orderly conduct. Laws are made by the Legislature and defined and enforced by the legal system which comprises the courts and the legal profession. 2 Accordingly, the legal system is in a fundamentally important position in the orderly conduct of a society. In applying the law, the legal system must act without fear or favour and ensure the protection of the rights of each individual. That places a heavy burden on all aspects of the legal system which must clearly define its roles and the way in which it will conduct itself. That definition is often referred to as professional conduct, which in turn has been referred to as the law of lawyering. 3 But the rules of professional conduct are only part of the picture for the practising profession. There is an additional aspect to what might * Former Justice of the Family Court of Australia and Presidential Member of the Administrative Appeals Tribunal (Aust). 1 Christine Parker & Adrian Evans, Inside Lawyers' Ethics (Cambridge University Press, 2nd Ed, 2014) at p 6.

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