Professional Ethics

The Successful Law Firm 2: Professional Ethics

Julian Boardman-Weston

Approaches to professional ethics

• moral, philosophical and religious: what is right and wrong? • economic: what are the benefits and costs to the country and to the

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legal profession? selfish: what are the benefits or costs to me and my firm? nature of the ethical code – detailed rules or general principles or trusting to good behaviour? content of the ethical code: what should the code cover?

Content of the ethical code

• a balance between

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– behaviour we expect of lawyers worldwide versus local autonomy – detailed rules versus reliance on implicit ethical standards one example: the (English and Welsh) solicitors’ ethical code – embodied in the Solictors Code of Conduct 2007 – enforced by the Solicitors Regulation Authority – 257 pages of detailed rules and guidance – many solicitors think the Code is too restrictive and the SRA too strict

The 6 core duties in The Solicitors Code 2007

The core duties may be similar to those in most other countries: 1. Justice and the rule of law - obligations to the court and to third parties as well as to clients 2. Integrity 3. Independence including conflict of interests and referrals of business 4. Best interests of clients - doing your best for each of your clients and not taking advantage of them 5. Standard of service - to provide a good standard of client care and of work 6. Public confidence - including behaviour within or outside professional practice The Code is available online at www.sra.org.uk

Who gains from good professional ethics?

The courts and justice system

• reputation and public standing • more influence in the life of the nation • more public trust brings more legal business

• fairer treatment for all

The legal profession as a whole

Individual lawyers and firms

• reputation and public standing • smoother working with other law firms based on trust • less time and effort to...