1 ETHICS + REGULATION Flashcards
what must sols meet in their behaviour?
high standards of ethical behaviour
how are thee standards shown?
through how the profession is regulated
what does “professional conduct” refer to?
rules + regs sols must follow
who must sols obey the laws of?
the country, like everyone else
why do sols face additional requirements?
bc of the nature of their work
what’s central to being a sol according to the law society?
ethical behaviour
what are ethics?
system of moral principles/values guiding behaviour
what does acting ethically mean?
“doing the right thing”
is ethical same as legal?
no
can action be unethical w/o being illegal? give example
yes, eg adultery
eg of overlap b/w ethics + law?
breaking law = also unethical
what ethical principles must sols follow?
same ethical principles like everyone else eg refraining from killing innocent people
are sols subject to additional ethical obligations?
yes
what did lord justice moses state in law society (SRA) v emeana and others [2013]?
“unacceptable for people behaving unethically to act as sols”
what does SRA v emeana case show about society’s expectations?
society expects higher ethical standards from solicitors
do general ethical principles apply the same to sols as to the public?
no, they may apply differently to sols
what’s a general ethical expectation for a member of the public?
report crime they know about
is sol always under same obligation to report crime?
no, not if defendant is client
why might sol not report client’s crime?
bc of the duty of client confidentiality
sources of ethical expectations for sols?
their special relationship w clients + special role in justice system
what must clients trust sols to handle?
personal info + valuable assets
what can unethical behaviour by 1 sol do?
taint justice system + reduce public trust in system
recent regulatory approach based on what?
rules-based - ethical response defined by detailed rules
what’s current ethical focus in legal profession?
on consequences of behaviour
