When exactly are we bound by the SRA's code of conduct?

Principles under the Solicitors Regulation Authority’s code of conduct require solicitors to act in a way that upholds public trust and confidence, and act with honesty and integrity. But does the code apply at all times, even outside of work in seemingly innocuous situations?

Yes, Trowers & Hamlins partner Yetunde Dania would say. Dania sought to highlight how the code of conduct applies to lawyers 24/7 in a LinkedIn post on returning a dress to a shop.

‘Nothing strange in that you may say. However, the shop staff were somewhat surprised. Why?' asked Dania.

Dania had ordered two dresses online. She received a message from the shop to say one of the dresses was out of stock and she was duly given a refund. When she collected the other dress from the collection point, there were two parcels. One of the parcels contained the out-of-stock dress.

Dania returned the dress to the shop, where a member of staff was surprised she didn’t just keep it given no one would have known. ‘I said someone would have known and that someone would have been me,’ Dania said.

She explained in her post: ‘The Solicitors’ Code of Conduct describes the standards of professionalism that the SRA, and the public expect of solicitors, and these apply both inside and outside of work.

‘Principle 2 of the Solicitors’ Code of Conduct is public trust and confidence. Solicitors are obliged to make sure they always exercise good judgement - in and outside of work - and make sure the standards of behaviour the public expect is maintained. Public confidence in the legal profession is key. So, by acting with honesty at all times means that I’m doing all I can to ensure the public has trust in the profession that I love so much!’

Dania’s post attracted dozens of responses. Everyone agreed that honesty is the best policy. Though one commenter questioned why Dania mentioned the code of conduct - returning the dress was morally the right thing to do. Everyone knows what the right thing to do is, Dania noted, but not everyone does it. The point she was trying to make is, that as a solicitor, she is bound by the code 24/7.

As one law firm compliance manager neatly put it: ‘Ethical conduct is doing the right thing, even when no one is watching.'