Do we need a Lawyer's Oath to improve ethics and client care?

The lack of public trust in banking following the financial crisis and numerous scandals has led to a call for the introduction of a Banker's Oath. The idea, propounded by think tank ResPublica, is for bankers to swear an oath to "fulfil their proper moral and economic purpose".

Of course, there's a long tradition of professionals swearing oaths. Modern-day medics still swear the Hippocratic Oath at graduation ceremonies - an ethical code attributed to the ancient Greek physician and adopted as a guide to conduct by the medical profession throughout the ages. US attorneys swear an oath of office upon admission to the bar to support, protect and defend the Constitution of the United States. They vow to protect their clients' right to justice and to uphold the integrity of the profession and the Constitution. In the UK, judges and magistrates swear an oath of allegiance to the queen, but these sort of oaths say nothing about professional standards of behaviour.

So, should lawyers also be required to swear an oath when they qualify to practise? Many of the statements in the proposed Banker's Oath could equally apply to lawyers. Examples include: "It is my first duty to provide an exemplary quality of service to my customers and to exhibit a duty of care above and beyond what is required by law." Not much to disagree with there, but do bankers need to swear to do this rather than instinctively knowing the right thing to do, and acting accordingly? Can swearing an oath really raise standards and accountability, or is it more about culture and professional training? And, will the public be any more reassured that bankers will behave ethically if they've sworn an oath to do so?

I am reminded of a partner who once sent out a memo exhorting fellow partners to smile more in response to poor morale amongst junior staff. His missive was treated with derision. Exhorting people to behave in certain ways, or requiring them to promise to do so, simply doesn't work. The desire and motivation to do the right thing by one's clients, to act with integrity and honesty, and to put clients' interests above profitability comes from an internal compass of professional behaviour.

It starts by firms hiring young lawyers with the motivation to serve clients and society by upholding the law and bringing professional judgement to commercial transactions, rather than a desire to get rich. It is reinforced by legal training and the traditional apprenticeship model where senior lawyers act as role models for professional ethics and integrity.

It shouldn't be necessary for lawyers to swear an oath if their professional instincts have been guided and developed properly. As young children, we learn the difference between right and wrong from our parents. It is down to the professions to teach their young recruits the right way to behave by leading by example.