Future of professional ethics

I will be talking to legal professionals, regulators and stakeholders about the future of professional ethics today at the Westminster Legal Policy Forum.

Professional ethics is one of the pillars of my presidential plan and will continue to drive my work over the course of the year.

Having worked in professional discipline and regulation for many years, ethics is a topic close to my heart. It is an issue that’s becoming increasingly pertinent in public debate about the legal profession.

Solicitors are officers of the court, as we all know. We uphold the rule of law and work in the best interests of our clients.

Our profession is defined by the high ethical standards we are held to, which are underpinned by a robust regulatory framework.

Recent world events and societal developments have led to changes in the way professional ethics are viewed.

Ongoing developments such as the climate crisis, the Ukraine War and movements such as #MeToo and Black Lives Matter have shaped perceptions in recent years.

The Law Society has a role to play in helping members navigate this evolving landscape, where the differences between the wider public interest and individual clients’ interests can create challenges for solicitors seeking to act ethically.

Professional ethics project

This is why we have launched our three-year ethics project, which will support our members to balance their obligations to their clients and to wider society.

So far, we’ve held four scoping private roundtables with members from a range of firms, in-house solicitors and expert stakeholders.

These discussions have highlighted the unique needs of different segments of the profession, depending on the size of their firm, their role and the type of work they do.

Diverging views on possible solutions were also apparent, particularly around regulation and guidance.

The members we have spoken to would like more support on client selection, client onboarding, changing firm culture, environmental and social issues such as diversity and climate change, corporate structures and the independence of in-house counsel.

We have also been paying close attention to the Legal Services Board’s ethics project, which has two main points of interest to us.

These include the specific needs of the in-house community and how law firms should show leadership on professional ethics and create a safe space for discussion and learning, as well as encouraging the reporting of conduct which may breach regulatory duties.

We believe we can contribute positively to the LSB project as well as take learnings into our own programme of work.

SLAPPs

Aside from focusing on our members, we have been monitoring professional ethics issues that feature in the media and parliamentary debates.

Strategic Lawsuits Against Public Participation (SLAPPs) continue to make the headlines and the Law Society recognises the need for action to prevent potential abuses of the administration of justice in this context.

There is, as ever, a balance to be struck. We are mindful of the importance of most reputational type work and the necessity of enabling people to challenge stories that are about to appear in the media.

We’re pleased the government took on board some of the recommendations we submitted to the Ministry of Justice’s consultation on the issue last year.

It’s good news that addressing inequalities of arms – where one party has more financial resource than the other (as is often the case between claimant and defendant in these types of cases) – is on the government’s radar. Lower costs would benefit both parties.

The government’s proposed three-part test will also go some way to ensuring there is strong gatekeeping by the judiciary, so that spurious cases do not make it to court.

However, there’s a lack of clarity over exactly what a SLAPP is.

We have lobbied the government to clarify the parameters of this kind of lawsuit to ensure that any changes are as effective as possible.

There are already legal remedies in place to deal with inappropriate litigation or threats of the type of litigation characterised by a SLAPP. In practice, these can be risky and expensive to pursue.

As such, we would encourage the use of existing measures to prevent spurious cases, alongside the proposed changes that target SLAPPs where possible.

How we’re supporting the profession

The Law Society supports our members by producing practice notes, which give them guidance on a range of important legal topics, helping them to give their clients the best possible advice.

Our guidance covers bribery, in-house practice regulatory requirements, client care, anti-money laundering regulations and the UK sanctions regime.

The sanctions regime and solicitors’ obligations have been in the spotlight following Russia’s illegal invasion of Ukraine.

The current sanctions regime aims to encourage Russia to cease actions which destabilise, undermine or threaten the territorial integrity, sovereignty or the independence of Ukraine.

Therefore, we’ve highlighted the importance of all firms immediately reviewing their policies, controls, procedures and sanctions compliance.

We also have articles on ethics, whistleblowing and non-disclosure agreements to help our members understand the standards by which they’re expected to live personally and professionally.

We recognise the breadth of ethical challenges facing solicitors today and will continue to do our utmost to help them navigate these.

 

Lubna Shuja is president of the Law Society of England and Wales