Bar exams, legal ethics and the fight against corruption: lessons from Brazil

Abstract

In this article we explain the specific contribution of Bar exams to the professional socialisation of Brazilian lawyer leaders through examining their changing content, particularly the coverage of and balance between commercial and public interests. Understanding what drives curriculum change, as reflected in vocational assessment, could inform the future skills and ethical components of preparatory training of lawyers that in turn might hold implications for the fight against corruption. While we aim to demystify some of the myths surrounding Brazilian lawyers’ ethical conduct, that often are reinforced by misleading and unrealistic media representations of legal heroism, we claim the ethical content of vocational Bar exams can still offer valuable insights into the formation of professional character, including the ability of lawyers to fully comprehend and connect with underlying fundamental values and interests that support both professional and state power. At the same time, we must recognise ethical training has its limits and can only ever go so far in helping to eradicate corruption. Our broad claim is that lessons emerging from recent Brazilian experience could, with some caveats, potentially guide and inform future developments in legal education and training elsewhere.