Bullying and harassment are not confined to the bar and the Legal Services Board is looking at measures to establish high standards of professional ethical conduct, the oversight regulator has told a probe on the barrister branch of the profession.

An independent review was commissioned by the Bar Council following a rise in the number of people who said they had experienced or witnessed bullying, harassment or discrimination. The review is being led by former long-serving MP and minister Harriet Harman KC.

In a three-page submission, the Legal Services Board said its own research supported evidence from legal charity LawCare of ‘concerning levels’ of bullying, harassment and discrimination in the wider legal profession.

The oversight regulator’s most recent research highlighted ‘inappropriate cultural practices in the profession’ that are 'entrenched and systemic in nature', while evidence from representative bodies suggests women and lawyers from racial minorities are more likely to experience bullying and harassment.

The LSB told the review it is ‘leading a debate and discussion in the legal services sector' to gain consensus on the range and types of poor behaviour and how to establish high standards of professional ethical conduct.

‘The research and evidence we have undertaken has shown that regulators have a role to play in ensuring that any conduct that may undermine public trust and confidence and fail to protect the public interest is swiftly recognised and addressed, including instilling a culture of adherence to professional ethical conduct, the rule of law and the administration of justice,’ the LSB said.

Professional ethics proposals will emerge for consultation ‘later in 2024/25’.

The LSB also highlighted its role in encouraging a fair, diverse and inclusive legal profession and will consult on a refreshed policy approach 'that utilises the array of formal and informal regulatory levers at our disposal' by next spring.

 

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