Ethics policy proposal undervalues existing regulations

The Law Society of England and Wales has recently expressed its support for the Legal Services Board’s (LSB) initiative to issue a statutory statement of policy aimed at reforming the interpretation and enforcement of professional ethics within legal sectors. While broadly welcoming the objectives of the proposed policy, the Law Society is concerned that the approach of the consultation could exaggerate the prevalence of systemic issues while simultaneously underappreciating the robust regulatory framework currently managed by the Solicitors Regulation Authority (SRA).

Richard Atkinson, president of the Law Society, remarked, “While the LSB’s intention to reinforce public confidence in legal services is understandable, there is a failure to acknowledge the robustness of the current regulatory system.” He pointed out that many aspects included in the proposed statement are already effectively addressed by existing SRA regulations. Atkinson cited issues like non-disclosure agreements (NDAs) and strategic lawsuits against public participation (SLAPPs) as examples where the SRA has already implemented measures to tackle concerns.

Furthermore, Atkinson noted, “The view that professional ethics is not front and centre of how solicitors operate is a misconception which needs to be addressed.” He stressed that significant publicised incidents are often viewed as indicative of broader professional conduct, a perspective he believes should be clarified. According to him, the LSB’s analysis risked leading to overregulation, which would contradict the intentions of the Legal Services Act.

Although the existing ethical framework has proven effective, Atkinson acknowledged the reality that solicitors frequently encounter ethical challenges exacerbated by commercial pressures. He conveyed a willingness for further support, proposing that the SRA could enhance awareness and skills related to ethical dilemmas through practical resources such as case studies and guidance.

In-house solicitors benefit from an ethical framework crafted to assist them in navigating these challenges across various professional stages and sectors. Atkinson concluded by challenging the LSB to provide evidence supporting its proposed framework in relation to the prevalence of systemic failures within diverse professional practices when compared to notable and isolated incidents.