The legal profession in England and Wales has a great deal to be proud of
As well as being one of the two leading global legal professions, our legal education and training system is highly respected worldwide. The qualifications of barrister or solicitor are highly sought after, both by citizens of the United Kingdom and those in the international community.
Despite this prestige, or perhaps because of it, we must continue to strive to strengthen the very foundations of our legal profession. A strong code of professional ethics is a key differentiator for the legal profession from other current and future market participants and we must continue to enhance the ethical reputation that sets barristers and solicitors apart as professionals. It is important to maintain this reputation, now more than ever, if we are to stand out in comparison to the ever-growing competition for legal services provision here in the UK and around the world. The Law Society strongly believes that embedding ethics more firmly into legal education and training system will strengthen the standing of barristers and solicitors, both domestically and internationally, and will enhance the public’s confidence in the profession.
Legal education and training must instil future barristers and solicitors with the knowledge and skills that they will need in practice. An equally important function of education and training is to present the culture and values of the legal profession to future entrants. Students should have early exposure to the professional norms and core values which are expected of their profession.
The vocational stage of training teaches students about the professional code of conduct for the respective branches of the profession. This ethical focus has recently been strengthened on the Bar Professional Training Course. The period of work-based training following this vocational stage gives pupils and trainees the opportunity to experience the application of this code on a day-to-day basis. The values of the professions are instilled in individuals through the culture of their firm or chambers.
However, it is The Law Society’s view that if barristers and solicitors are to be capable of coping with the forthcoming regulatory changes, they will need to be possessed of a sense of professionalism and ethical behaviour beyond a mere ability to understand and comply with regulation. The introduction of the Legal Services Act 2007 began a move towards ‘entity based’ and ‘principles-focused’ regulation, with the abandonment of the traditional, rule-based code. According to Lord Hunt of Wirrall, this will require “a greater degree of judgment on the part of the individuals concerned.” The education and training system must adequately prepare legal professionals to exercise this judgment and it is the strong belief of The Law Society that the most appropriate place to begin to prepare future entrants for this challenge is on the academic stage of legal education.
To this end, The Law Society is campaigning for ethics to be included as a compulsory element of the Qualifying Law Degree. Legal education in England and Wales is in danger of falling behind most of the common law world, where compulsory ethics training at an undergraduate level is standard and has been for many years.
The 2009 report Preparatory Ethics Training for Future Solicitors by Kim Economides and Justine Rogers recommended that The Law Society should lead on a campaign to “make awareness of, and a commitment to legal values, and the moral context of the law, mandatory in undergraduate law degrees”. The report also recommended that professional bodies should together consider what support might be offered to law schools to assist them to comply.
The Law Society is committed to taking this work forward and recently commissioned Professor Andrew Boon to prepare a model ethics curriculum for the undergraduate law degree. This report is available on the Law Society’s website [http://www.lawsociety.org.uk/new/documents/2011/Model-ethics-syllabus-Nov2010.pdf]. The report includes a definition of ethics in the context of the Qualifying Law Degree:
“The study of the relationship between morality and Law, the values underpinning the legal system, and the regulation of the legal services market, including the institutions, professional roles and ethics of the judiciary and legal professions.”
The report recommends that “the aim of the ethics curriculum at undergraduate level should be to establish clearly in students’ minds the institutions of the legal system, the values that underpin them and the professions’ roles in relation to them.” This will provide the foundation for students’ understanding of, and commitment to, their own professional responsibility.
Issues covered in an ethics curriculum may include law and morality; civil and human rights; life, liberty and security of person; equality before the law; discrimination and diversity; the regulation of legal services; and professional responsibility in the workplace.
Over the last few years, the Bar Standards Board (BSB) has reviewed many of the education and training requirements for barristers. Changes have been made to the Bar Professional Training Course (formally the Bar Vocational Course), following a number of the recommendations of a report from the BVC working group chaired by Derek Wood QC. A review of Continuing Professional Development requirements is currently being undertaken. However, any changes to the Qualifying Law Degree necessitate agreement between the BSB and the Solicitors Regulation Authority (SRA), and as such, this stage of education is yet to be reviewed.
However the recent announcement of a review of legal education and training by the legal regulators – the BSB, SRA and ILEX Professional Services – is likely to place the academic stage of training on the agenda. The review aims to assess whether the current education and training system is fit for purpose in the context of the changes to the legal services market brought about by the Legal Services Act 2007. The press release issued by the regulators in November 2010 states:
“The core aims of the review are to ensure that the ethical standards and levels of competence of those delivering legal services in regulated law firms are sufficient to secure a high standard of service for clients, and to support the public interest and the rule of law.”
The Law Society welcomes this review and maintains that the inclusion of legal ethics as a compulsory element of the Qualifying Law Degree is an essential first step to take in meeting these aims. The review should also consider the support that the regulatory and professional bodies can give to universities to assist them to implement the changes. This support could include help with the development of a curriculum or assistance with the preparation of materials, although some academics may feel that this is not the place of the professional bodies. Nonetheless, this should be a collective effort, not only between the professional bodies of the legal profession, but with the inclusion and support of the university law schools.
There are many questions that will be asked as part of this review; many questions that have already been asked. Questions about the right time to commit to one branch of the profession or the other; questions about whether there should be multiple routes of entry to the professions. A large amount of research and engagement with the professions and other stakeholders is likely to be required to develop answers to these questions and shape the outcomes of the review. However, regardless of the future structure of the legal education and training system, the Law Society firmly believes that legal ethics should be taught to potential entrants at the earliest possible stage, regardless of the path that they choose to take. It is imperative that barristers and solicitors are equipped with the ethical tools to face the challenges that changes to the legal services market will present, and to retain the confidence of the public in England and Wales, and the international community.