It’s no secret that the legal profession has come in for scrutiny in recent years. Russia’s invasion of Ukraine started a national conversation about economic crime in the UK economy, and also about the role played by ‘professional enablers’ such as lawyers. A related conversation, on the use of strategic lawsuits against public participation (SLAPPs) as a way of seeking to silence criticism, has led to legal professionals’ conduct being questioned in some quarters.
Most recently, ITV’s drama about the Post Office Horizon computer system scandal sparked fierce debate about the role of lawyers in the false convictions of postmasters. While legal regulators have been considering these issues for some time, the drama has brought them to national attention. Issues confronting in house counsel, and the potential conflicts of interest they must manage, have been raised as particularly relevant.
Given the importance of the legal profession, it can only be right that it is held to high standards. The world is undoubtedly becoming more complicated, and in that context it is more important than ever that professionals act – and are seen to act – ethically. During challenging times, this is vital to maintaining public trust.
Of course, legal professionals themselves must take a large part of the responsibility for behaving ethically. But it also falls on others, including regulators, to ensure that ethical conduct is incentivised when individuals are confronted with difficult conflicts. For instance, regulators can do more to ensure that professionals’ responsibilities are clear to both them and the public.
The LSB is hosting its second Reshaping Legal Services conference on 7 March, which will include a panel of experts discussing how regulation may help address issues around ethical practice.
We look forward to hearing from a range of voices on what the future of regulation should look like, and how it can build a trusted, ethical legal services sector.
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