New regulatory measures to strengthen ethical standards in the legal sector have been proposed today, to initiate a significant shift in how lawyers’ ethics are taught, overseen and supported in workplaces.
The Legal Services Board (LSB) is seeking views on how regulators support lawyers to fully understand and uphold their ethical duties throughout their careers. High standards of ethical conduct are crucial to ensuring that legal services retain the trust and confidence of consumers, continue to underpin justice and the rule of law, and can truly support and facilitate economic growth.
The LSB’s proposals are based on substantial evidence of where lawyers are failing to meet the ethical standards expected of them. Examples range from unintentional oversights to more serious misconduct. This includes misleading courts, using Strategic Lawsuits against Public Participation (SLAPPs) and misusing non-disclosure agreements (NDAs).
The proposals address areas such as legal education, training and regulators’ codes of conduct. They would require regulators to make sure that ethics are at the core of how lawyers behave and act throughout their careers. Craig Westwood, Chief Executive of the LSB, said:
“The administration of justice and the rule of law rely on lawyers maintaining the highest ethical standards. Our evidence shows there are gaps in understanding and support that need to be addressed. Regulators have a role to play in making sure that lawyers have the knowledge, skills and support from their leaders and workplaces to make sound ethical decisions throughout their careers.
By strengthening understanding of – and support for – lawyers’ professional ethics, regulators can help to improve fairness and safeguard the international reputation of our legal profession.
Any change in workplace and leadership culture will require action from across and beyond the legal sector. We welcome all responses to this consultation to help make sure that regulation can play its part in this change.”
The LSB will launch the consultation at its Reshaping Legal Service Conference later today, as part of discussions about professional ethics in the sector. It has committed to continuing to engage regulators and others, beyond the consultation, to help create a culture in which high ethical standards are not just expected but positively enabled.
