The profession must stand up for its values

Ours is an age of virtue signalling – and that should not be understood pejoratively. Society seems to have become much more interested in what everyone, not just politicians, thinks about major issues. Far from being limited to the Gen Zs who have swelled our ranks, law firms and practitioners appear to be communicating their position on all sorts of diverse and weighty topics that stretch beyond the day job, often blurring the line between commercial awareness and philosophical or political beliefs. Where is this headed and how can solicitors recall the values intended to define our profession?

Specific role to play

Much of what lies behind the approach to expressing social values publicly is obviously laudable. The profession, particularly at senior level, is still in need of greater diversity. Efforts that build up and celebrate the achievements of women, and of those from BAME and working-class backgrounds are, in that context, particularly welcome. So too environmental initiatives in light of the meaningful contribution that offices make to CO₂ emissions. Trumpeting the green credentials of a firm gives others an example to follow and helps our profession stay in touch with society on such matters.

There are risks, however, to some solicitors wholeheartedly adopting the societal trend towards political pronouncement. In some areas, our profession should be bringing the distinct values and ethical touchstones of solicitors to the fore, even when that could unleash the ire of the press or public.

Two examples have recently caught the cultural zeitgeist: strategic litigation against public participation and representing those with interests that go against what society (or the loudest parts of it) sees as moral.

Both examples have attracted public attention and criticism, including of law firms acting in those spaces. Major broadsheets and NGOs criticise media specialists for using pre-action correspondence in a bid to protect client reputations. Government ministers, no less, condemn law firms advising sanctioned individuals. The societal drumbeat against acting for unpopular clients seems to be getting louder, though it must be conceded that it is not novel.

What stands out, however, is the increasingly widespread criticism coming from within the profession itself. Of course, colleagues are entitled to their opinions and to express them. However, as that right is exercised increasingly forthrightly across LinkedIn and elsewhere, it is worth keeping in mind what moral values those who act in such areas of law or for such clients are trying to uphold. After all, they are central to the purpose of our profession.

Heart of who we are

Our system depends on people having access to independent, professional legal advice regarding their rights. Unfortunately, too many people are deprived of legal aid or sufficient pro bono options and therefore cannot access that advice. However, those inequities do not justify a more pernicious undercurrent making it politically difficult for some clients to obtain legal advice, or socially damaging for some lawyers to offer it. Quite the contrary.

The profession should be proud of those parts of it that act in unpopular areas or for so-called pariah clients. For our rights to mean something they should not be harder to exercise simply because your business is in a heavy emissions industry or your national origin is from that of a geopolitical foe. This is fundamental to the rule of law and the moral heart of what it means to have the high privilege of practising as a solicitor.

There are worrying signs beyond the anecdotal that these core values are under threat. A recent poll for a popular legal website showed majorities expressing moral doubts about acting for a wide range of potential clients. What risks being forgotten is that those clients do not come to solicitors for our moral judgements but rather for us to represent them in lawfully pursuing their rights.

Are there ethical considerations as a solicitor? Of course, and sometimes for a client to be advised properly those need to be discussed with them frankly. Surely, however, such ethical considerations should not extend to declining to act (or joining in the chorus of condemnation of those who do) for those who are politically or philosophically unpopular.

Being brave for clients

Solicitors often need to be brave for their clients. Now is a time also to be brave for one another. A core value of this profession is acting – proudly not sheepishly – for those who the wider public would rather judge without a full argument having been heard. We should not be apologetic about upholding our principles.

Philip Gardner is a senior associate at Peters & Peters