Board chair said that consultations would be held on proposals to bolster ethical decision-making
The UK Legal Services board is set to prioritize work related to professional ethics by lawyers next year, reported the Law Society Gazette.
In a summary of the board’s most recent meeting, chair Alan Kershaw wrote that the LSB would be conducting consultations on proposals to support and bolster ethical decision-making in the legal profession. He explained in a statement published by the Gazette that a rash of high-profile incidents had highlighted this area as one that “clearly needs significant attention if the profession is to uphold public confidence.”
The Gazette pointed to the fall of Axiom Ince and the post office scandal as examples of professional ethics not being adhered to. Post Office expert Professor Richard Moorhead said at an LSB conference this year that apathy and ignorance constituted the main reason behind the scandal.
“Although the consequences [in the Post Office case] are extreme, the behaviour is not that unusual. Putting clients’ interests first before the interests of justice, before integrity, independence and – I am sorry to say – honesty, using the law and confidentiality in particular as a tool to take advantage of people in their thousands,” Moorhead said in a statement published by the Gazette.
Kershaw explained that the LSB’s longer-term objective was “for improved awareness among all lawyers and their lay colleagues of the ethical responsibilities of the legal profession, and for strong professional and regulatory support for the maintenance of those responsibilities, sometimes in the face of unreasonable pressure. This will be a major undertaking, requiring collective action.”
Other priorities for the LSB include investigating how legal market developments could be increasing risks for consumers, with Kershaw pointing to large law firms’ shortcomings, the uptick in third-party litigation funding and group claims. He also spotlighted the proposed 14 percent increase in the board’s budget – according to the Gazette, the figure went up compared to the increase proposed in board papers earlier this month.
“These issues are complex, cutting across multiple sectors and regulatory regimes, said Kershaw. ‘We are working closely with legal and financial services regulators to explore what coordinated action may be necessary to deliver effective policy solutions,” Kershaw said. “The budget reflects the resources we need to meet the scale of the challenges facing the legal sector. It remains vital that we are able to make sure that regulation remains focussed squarely on the public interest.”