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25 Legal Ethics 1 (2022)

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LEGAL ETHICS                                                               Routled     e
2022, VOL. 25, NOS. 1-2, 1-3
https://doi.org/10.1080/1460728x.2023.2224696                              Taylor & Francis Group

EDITORIAL



Dear  Legal Ethics Readers,
   I am delighted to introduce to you the 2022 round up of articles in this double issue of our
journal. We  have a diverse and  stimulating group of papers  spanning areas of interest as
broad  as the limits of ethical advocacy in family law, the ethics of practice in asylum law,
the vulnerability of young  lawyers  in ethically contentious areas, how  to build success
through  ethical engagement  with early-stage law students, disciplinary responses to sexual
misconduct  by legal practitioners and trends in legal ethics research.
   In the first article Deanne Sowter addresses 'The bounds of legality: an exploration of the
limits on ethical advocacy in family law'. The article explores the positivist conception of the
bounds  of legality in the context of family law, in both adversarial and non-adversarial con-
texts. Sowter argues that the bounds are insufficient in family law and are in need of further
delineation. In doing so she provides us with a rich set of theoretical tools to inform change to
and  in family law and the professional rules that govern lawyers in these contexts.
   In the second article Tamara Butter sets out her research findings in 'Ethics in practice in
asylum  law: asylum legal aid lawyers' moral reasoning in respect of hopeless cases.' Butter's
article provides us with a deeper understanding   of lawyers' ethics in practice in publicly
funded  asylum  cases in the Netherlands. She engages with Dutch  asylum legal aid lawyers'
moral  reasoning in 'the hopeless case', drawing upon   Parker's four approaches  to moral
reasoning  in legal practice. She examines the applicability of this taxonomy developed in
an Australian common law context, indicating   its relevance to the Netherlands, a civil law
jurisdiction.
   Thirdly, Jane Ching, Graham Ferris and Jane Jarman consider young lawyers in ethical crisis in
'To act is to be committed, and to be committed is to be in danger: the vulnerability of the young
lawyer in ethical crisis.' Their article focuses on the disjunction between the teaching of ethics in the
classroom and the culture that meets young lawyers when they enter into law firm based practice.
In examining this and in drawing upon Fineman's radical view of vulnerability and Rest's model of
the precursors of ethical action and resilience, they develop the concept of commitment as a form
of duty, loyalty, and courage so as to provide a means to support young lawyers to accept and then
overcome  reluctance to act ethically. They explore how law schools, regulators and law firms,
acting in combination, may influence ethical resilience and development to ethical action.
   Fourthly, Anna  Cody   and Sandy  Noakes  examine  'Valuing diverse students: an ethical
response to building success in first year law students and broadening the legal profession.'
They  posit the importance of a diverse legal profession across all areas of law and legal practice
types as a means for everyone to be well served by the law and by lawyers. They examine how law
schools may  play a role in ensuring that students from diverse backgrounds are admitted into
legal education and are supported to succeed. They draw upon a theoretical model of 'transition
as becoming' to analyse first-year law student experiences at Western Sydney University Australia,
leading to insights into how the curriculum can be harnessed to support inclusive success. They
argue that our understanding of law students' cultural capital may need to be expanded and the
law school environment changed to reflect this, in place of strategies aimed at supporting students
to assimilate into law school culture as currently drawn.
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