In an increasingly interconnected world, lawyers face challenges that go beyond local laws: they require an ethical and cultural approach that transcends borders. But what can lawyers from the rest of the world learn from these systems? Here we explore how these codes can be an ethical and professional compass for global legal practice.

First: The importance of connecting legal ethics with cultural values
Tikanga, the Māori system of customs and values, teaches that legal practice is not just about laws but about human relationships and mutual respect. This approach can inspire lawyers everywhere to consider the cultural and human context of the cases they handle, promoting a more inclusive and sensitive form of justice.

Second: Restorative justice — a tool for conflict resolution
Tikanga emphasizes collective and restorative conflict resolution, aiming not only to punish but to repair relationships and restore balance. This approach has been adopted in New Zealand in models such as “Marae-Based Justice,” where communities play a central role in dispute resolution.

For lawyers in other jurisdictions, this model can inspire the implementation of alternative dispute resolution methods, modifying the Western notion of mediation and conciliation by focusing more on restorative justice principles and healing within the social context.

Third: Professional responsibility — an ethic of service
Loyalty, honesty, respect for clients, colleagues, and the community. This includes avoiding unnecessary litigation, providing truthful information, and maintaining professional independence.

These principles resonate with tikanga values such as manaakitanga (hospitality and care), which encourage lawyers to prioritize the well-being of clients and communities. Applying these values in other jurisdictions can strengthen trust between lawyers and the people they serve.

Fourth: Adaptation and flexibility — lessons for a globalized world
Tikanga is a living system that evolves according to community needs. This reminds lawyers that codes of conduct should not be static. In a globalized legal world, it is vital for professionals to adapt their ethical and cultural practices to work with clients from diverse backgrounds.

Fifth: Prevention as an ethical pillar
Both tikanga and many disciplinary codes promote the prevention of unnecessary conflicts, avoiding fraudulent litigation, and prioritizing alternative solutions. This preventive approach can be adopted by lawyers worldwide to reduce pressure on judicial systems and offer faster, more effective solutions to clients.

But what’s the difference between common disciplinary codes and tikanga?
The goal is not just to punish but to repair relationships and restore balance. In New Zealand, this means not only penalizing misconduct but also restoring harmony in the affected community. For example, if a Māori lawyer acts improperly, tikanga might require a public apology or reparative action rather than strictly legal sanctions.

Common disciplinary codes, like those in Colombia or parts of southern Europe, are universal within a jurisdiction and aim to establish clear rules and penalties for noncompliance. Tikanga, on the other hand, is not a written code or rigid regulation; it is a system of values, principles, and practices that adapts to circumstances. It is deeply rooted in spirituality, ancestral connection, and community respect — more flexible and contextual than standard disciplinary codes.

In conclusion, while common disciplinary codes focus on clear rules and penalties to ensure professionalism, tikanga emphasizes restoring relationships, respecting cultural values, and promoting community harmony. Both have their place in the legal profession, but tikanga reminds us that justice is not always about following written rules, but about acting with humanity, respect, and connection to those around us.

Ultimately, tikanga teaches us that law is not just a profession but an ethical responsibility to society. Lawyers everywhere can learn from these traditions to build a more inclusive, ethical, and people-centered practice. In a world where legal boundaries are fading, these lessons are more relevant than ever.

Are we ready to transform global justice through ethics? The answer depends on whether we can understand and adapt to this new philosophy.

HIGHLIGHTS

§  But what can lawyer from the rest of the world learn from these systems?

§  The goal is not only to punish but to repair relationships and restore balance. This approach has been adopted in New Zealand.

§  Tikanga is a living system that evolves according to the needs of the community.

§  In conclusion, while common disciplinary codes aim to establish clear rules and penalties to ensure professionalism, tikanga focuses on restoring relationships, respecting cultural values, and promoting community harmony.

Are we ready to transform global justice through ethics?