Regulators should be doing more to tackle negative perceptions of the profession as well as focus on improving ethics. That was the message from the Law Society this week as it responded to a consultation by the oversight regulator on how to change lawyers’ behaviour and conduct.

The Legal Services Board has said that it wants to stem a decline in ethical standards and bring about a ‘significant shift’ in how ethics is taught, overseen and supported.

The Society welcomed the broad outcomes of the LSB proposals but said the scope and tone of the consultation risk overstating the issues.

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‘Recent high-profile regulatory failures have caused significant consumer detriment and a loss of confidence in legal services,’ the Society said. ‘However, isolated or unusual incidents 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.

‘Most of our members are aware of what good ethics look like. The regulator could therefore do more to tackle negative perceptions of the profession.’

The Society added that most of what is covered in the proposed statement of policy is already covered by Solicitors Regulation Authority regulations. Emerging issues such as the misuse of non-disclosure agreements and SLAPP litigation are being dealt by ongoing SRA action.

The LSB plans to draw up a statutory statement requiring frontline regulators to put ethics at the core of how lawyers behave and act throughout their careers. It cited ‘ethical apathy’ from some lawyers who would tend to place the interests of clients above all other professional ethical considerations.

The UCL Centre for Ethics & Law (CEL), a research team based at UCL’s Faculty of Laws, also responded to the LSB consultation and expressed full support for what it was trying to achieve.

Academics called for 'genuine, pervasive and sustained behavioural change' and not just proof that lawyers were technically complying with rules and regulations. They said the profession is at a juncture where there is widespread support for reinforcing professional ethical duties to reduce the risk of further failures such as the Post Office scandal and inappropriate use of NDAs and SLAPPs.

‘It is important that the statutory statement makes clear what the line of integrity/ethics that needs to be achieved is,’ said the CEL. ‘This needs to be an unequivocal, bright line test that is readily understandable and accessible to all.'

 

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