The Law Society of England and Wales welcomes the broad outcomes
of the Legal Services Board's (LSB) proposal to issue a statutory
statement of policy*, seeking to reshape how regulators and legal
sectors interpret and uphold professional ethics. The scope and
tone of the LSB's consultation, however, risks overstating the
systemic nature of the issues and undervaluing the current
regulatory mechanisms overseen by the Solicitors Regulation
Authority (SRA).
Law Society president Richard Atkinson said: “While the LSB's
intention to reinforce public confidence in legal services is
understandable, there is a failure to acknowledge the robustness
of the current regulatory system.
“Most of what is included in the proposed statement of policy is
already covered by the SRA regulations. The LSB identifies issues
such as non-disclosure agreements (NDAs) and strategic lawsuits
against public participation (SLAPPs), both of which the SRA has
taken steps to address.
“The view that professional ethics is not front and centre of how
solicitors operate is a misconception which needs to be
addressed. Isolated or exceptional events that draw a large
amount of public attention are often assumed to be more
representative of the way the profession conducts itself than is
actually the case.
“The LSB risks drawing disproportionate conclusions that in turn
have the potential to lead to overregulation, contrary to the
objectives of the Legal Services Act.
“Most of our members are already aware of what good ethical
practice comprises. However, with the day-to-day commercial
pressures faced by them, ethical dilemmas can arise and prove
challenging for many solicitors, at all stages of their
career.
“We recognise that more can be done to support the legal
profession with the ethical challenges they face. For example,
one intervention the SRA might consider is to issue case studies
and guidance, to help build awareness of ethical issues, and
confidence and skills in addressing them.
“Our in-house ethical framework guides in-house solicitors at all
levels and across all sectors to identify and navigate ethical
challenges. It also helps in-house solicitors to build the
skills, behaviours and workplace culture that enables them to
embed good ethical practice and thinking.
“We would challenge the LSB to clarify the extent to which its
proposed framework is corroborated by evidence of systemic
failures across the diversity of professional practice versus
high impact but isolated failings.”
Notes to editors
