The Legal Services Board has outlined how it intends to strengthen lawyers’ ethical standards in a statement of policy which sets out new expectations designed to reinforce lawyers’ role in upholding the rule of law. But while the Law Society has welcomed efforts to continue to maintain high ethical standards, it has raised concerns over duplication with the Solicitors Regulation Authority’s existing standards and additional compliance for small firms, sole practitioners and publicly funded lawyers “who may struggle with extra compliance demands.”
In its policy, the LSB said regulators will need to put “professional ethical duties” at the heart of how lawyers are expected to behave and where duties conflict, lawyers must prioritise their duties to the court and the rule of law over their duty to their client. This follows the oversight regulator’s consultation last year, in which stakeholders called for greater certainty about the hierarchy of these duties.
Regulators must ensure more consistent education and training in ethics is part of ongoing competencies, provide clearer and more practical regulatory guidance, and stronger workplace support for lawyers in upholding standards.
Richard Orpin, chief executive of the LSB, explained:
“These important steps to strengthen legal ethics will help to reinforce public trust, support the rule of law, and ensure legal services better serve the public interest and the wider economy.
The strong engagement throughout this programme of work, including our ethics consultation last year, has been invaluable. We are grateful for the contributions from across and beyond the sector, and we now look forward to working closely with regulators to embed these changes and support the profession in meeting the highest ethical standards, all for the benefit of consumers and the public.”
He added the changes aim to ensure lawyers are better equipped to recognise and act on their ethical duties in complex, real-world situations.
The statement comes at a time when misuse of non-disclosure agreements (NDAs) to silence victims, strategic lawsuits against public participation (SLAPPs) used to deter scrutiny and accountability, and the risk of lawyers facilitating economic crime while operating in positions of trust and responsibility are acute in the profession.
Welcoming the policy, Law Society of England and Wales president Mark Evans said:
“Maintaining high ethical standards is at the heart of being a solicitor and we agree regulators play an important role. The legal profession already operates to high ethical standards, rooted in independence, integrity and the rule of law. Supporting members with their ethical challenges is a key focus for us.
“Legal professionals are facing increasingly complex ethical challenges. We support an approach that prioritises practical tools, such as case studies, guidance and accessible advice, over prescriptive regulatory mandates. We welcome a stronger focus on workplace culture and support that aligns with the Law Society’s work to provide guidance and resources for solicitors in both in‑house and private practice.”
But he warned there were already well established rules and guidance which provide a “robust platform for ethical practice” from the SRA. “It will be important that any future work builds on this foundation, rather than duplicates it,” added Evans, concluding:
“It is vital that new requirements are focused and proportionate, especially for small firms, sole practitioners and publicly funded lawyers who may struggle with extra compliance demands.
“We will monitor the impact of the implementation of the new framework to ensure it does not duplicate the SRA’s current obligations or undermine efficient, effective frontline regulation. We will look to work closely with the SRA and the LSB during the pre-implementation phase to ensure the professions’ needs are reflected in the development of tailored and realistic action plans.”
The LSB has published its final statement of policy on “Upholding professional ethical duties” and a one-page summary of the policy, along with its response to the feedback received in its ethics consultation and a blog summarising the changes made following the consultation.
The LSB will now work with regulators as they develop plans to meet the new expectations in the specific contexts of their regulated communities. Regulators will have up to six months to develop those plans.
