Training in ethics needs to come sooner rather than later

I completed my law degree and legal practice course (LPC) part time alongside working in practice as a paralegal and it struck me as odd, during this period of study, that there was such a significant distinction between the academic and vocational stages of training for qualification as a solicitor.

The law is usually studied in isolation from professional rules on LLB programmes, for example, when students are asked to advise the parties in relation to a given scenario, when in reality there would be obvious conflicts of interest in doing so.

For those who go on to study the LPC, this is then followed by having to learn the practice rules to complete specific assessments. This is not the best introduction to concepts of professional conduct and the ethics of legal practice, and can give the impression that the skills and knowledge required for understanding technical legal rules and providing advice in a professional manner are detached from each other.

I began teaching, alongside working in practice, 11 years ago, and I have always been interested in teaching students in a practical way by explaining not just the legal rules and precedents but how they operate in the real world. As I considered what we teach future lawyers and how we prepare them for practice, it became increasingly clear that what is missing from the LLB-LPC approach to training is a
broad understanding of professionalism and ethics.

The draft competence statement published by the Solicitors Regulation Authority (SRA) last year reflects this
view and puts ethics and professionalism at the heart of competence and knowledge.

The first element of competence addressed in
the statement is ethics, professionalism, and judgement, which requires solicitors to ‘act honestly and with integrity, in accordance with legal and regulatory requirements’.

It is no surprise that the statement of legal knowledge which underpins the competencies includes the
SRA principles, the Code of Conduct, money laundering, financial services, solicitors’ accounts, and obligations to report – knowledge which is covered in the LPC.

Broader understanding

However, it also includes ‘the ethical concepts governing the solicitor’s role and behavior…and the economic, social, and cultural influences that can bias independent and ethical judgment’. This welcome addition goes some way towards addressing the requirement for a broader understanding of professionalism that goes beyond simply knowing what the practice rules are.

I have written and now teach a unit for final year LLB students called Law in Practice, which aims to give students an understanding of legal practice while they are still in the academic stage of training. Issues of professionalism and ethics are fundamental to this understanding and students should be aware of these issues from an early stage in their education and training. Feedback from students who have completed this unit suggests they had not previously given much thought to issues of professionalism, nor considered that there was any link between ethics and professionalism.

Of course, teaching students about the importance of integrity and ethical conduct, and raising awareness of issues that may influence their judgement will not in itself ensure they always do the right thing, but we can at least equip them with an understanding
of the issues and, hopefully, a sense of professional identity.

The Quality Assurance Agency for Higher Education has recently published a draft subject benchmark statement for law, which includes ‘awareness of principles and values of law and justice, and of ethics’.

Ethical benchmark

If this benchmark is adopted then I hope the connection between professional practice, conduct, and ethics will be made by those delivering legal education. Evidently, not all
LLB students will go into professional practice, but an understanding of these issues is fundamental to understanding how the law works in practice, which ought to be included in any study of the law. It is also clear that different pathways to qualification will emerge as a result of outcomes-focused education and training, and these issues will need to be addressed outside the law degree and/or LPC.

So, do future lawyers need ethics training? Absolutely.
The only real question is:
how do we introduce this to all stages of education and training so that all lawyers, whichever pathway to qualification they follow, have a clear sense of professional identity and a
clear understanding of ethical issues. SJ

Joanne Urmston is a non-practising solicitor and a senior lecturer at Manchester Metropolitan University Law School