Ethics first, client second: Lawyers told to prioritise wider duties

Lawyers have been explicitly told that their duties to the court and to act with independence and integrity override any duty to their client.

In a new statement of policy for upholding standards in the profession, the Legal Services Board said today it wants to end any misunderstanding about what upholding professional ethical duties means in practice, and what to prioritise when duties to clients and to the court come into conflict.

The oversight regulator said its research showed a ‘disproportionate focus’ on preserving client interests to the detriment of other duties.

The organisation also identified a lack of empowerment among lawyers in the face of commercial pressures and powerful clients, including lawyers working in-house. It called on frontline regulators such as the Solicitors Regulation Authority to offer greater support to encourage lawyers to prevent and call out failures to uphold professional ethical duties when this happens in their workplace.

Frontline regulators must also set standards and/or expectations for ethics education and training, both in the lead-up to qualification and at ‘appropriate regular intervals’ throughout a lawyer’s career. But the LSB stopped short of requiring regulators to impose mandatory ethics training for individuals.

‘The LSB’s evidence shows that authorised persons’ ways of thinking and acting is shaped by their education and training, by roles and experiences in the workplace, the cultures in those workplaces, and the expectations from their employers, clients, and their regulator,’ said a statement of policy issued today.

‘However, beyond standards set by regulators through codes of conduct and guidance, there is limited bespoke education and training and regulatory support and guidance, both at the point of qualification and throughout an authorised person’s career to help them specifically identify and understand how to apply their professional ethical duties.

‘In view of this, a fundamental aim of this statement of policy is that regulators take steps to support authorised persons to uphold and, where needed, balance their professional ethical duties.’

Concern about ethical standards in the profession has been prompted by issues such as the misuse of non-disclosure agreements to silence victims, aggressive 'SLAPP' litigation to deter scrutiny, and the behaviour of lawyers working for the Post Office during the Horizon IT scandal.

Richard Orpin, LSB chief executive, said: ‘These important steps to strengthen legal ethics will help to reinforce public trust, support the rule of law, and ensure legal services better serve the public interest and the wider economy.’

The Law Society agreed that regulators play an important role in maintaining high ethical standards - but said that the profession already operates to high ethical standards.

Society president Mark Evans said: ‘The SRA already has well established rules and conducts thematic reviews that inform continuing guidance which provide a robust platform for ethical practice. It will be important that any future work builds on this foundation, rather than duplicates it. It is vital that new requirements are focused and proportionate, especially for small firms, sole practitioners and publicly funded lawyers who may struggle with extra compliance demands.’