CEL Response to the Legal Services Board Consultation on Upholding Professional Ethical Duties
Authors
David Barr, Lauren Branston, Dr Alan Brener, Dr Anna Donovan, Sam Eastwood, Dr Allison Lindner, Honorary Professor Stephen Mayson, Professor Richard Moorhead, Dr Karen Nokes, Dr Francisco de la Peña, Honorary Professor James Roe, Mark Serföző and Joanna Talbot
Summary
This paper draws on the multidisciplinary expertise of the CEL, its academic members and advisory panel to respond to the Legal Services Board’s (‘LSB’) consultation on upholding professional ethical duties in the legal sector.
The CEL supports the LSB’s objectives of maintaining and, where needed, strengthening legal professional ethical duties and the paper offers a detailed response to the complex issues raised by the consultation. Five broad themes emerge in the paper, each of which are considered in detail throughout the response: i) behavioural change in a complex environment; ii) role identity; iii) transparency; iv) education and training; and v) an overriding duty.
Given the complexity, and critical importance, of ensuring meaningful and sustainable adherence to the ethical duties we suggest a role for the creation of a Legal Ethics and Responsibility Network (LEARN). This would enable regulators, practitioners and academics from across disciplines to develop and share best practice, training resources, toolkits and case studies that are developed through evidence-based approaches. LEARN would also provide important policy contributions and insights, whilst acting as a convening power and focal point for open conversations on emerging risks and best practice.
The paper discusses key considerations when looking at questions of behavioural change, which will be of interest beyond the discussion of the professional ethical duties. These include the creation of ethical organisational cultures, the design and delivery of speak up processes, structuring effective education and training programmes and supporting open reporting.