An Ethically Indifferent Code of Ethics? Analysis of the Character of the Czech Bar Association’s Code of Ethics

Abstract

The Czech Bar Association published a text which has the words “code of ethics” in its title. The aim of this paper is to determine whether the norms contained in the code are actually related to ethics or whether they concern different fields. The paper first explains the raison d’être of codes of ethics in general and briefly introduces the Czech Bar Association and the origin of its code of ethics. The principal section of the paper is dedicated to a detailed analysis of the text of the Czech Bar Association’s code of ethics applying a method used in England for similar purposes by Donald Nicolson. The analysis shows that the Czech Bar Association’s code of ethics deals with ethical issues only to a lesser extent and that it contains numerous provisions which do not deal with ethics at all. The paper proposes to remedy this unsuitable state by creating two separate codes. The first would primarily regulate ethically relevant situations in legal practice. The other code would contain “other” rules of the profession.