1. Professional Ethics

Question 1

Ethics - Overview

What is the summary overview for Ethics?

Answer 1

(A) Law Society objects: Article 8, The Law Society of Jersey Law 2005

1. Rule of law: (a) encourage (b) promote (c) uphold
2. High standards of professional conduct: promote among (a) practitioners & (b) legal services bodies;
3. Members interests & practice of law: (a) regulate & (b) foster in Jersey
4. Study of law: (a) encourage & (b) promote
5. Representations: make (as appropriate) on matters affecting:
   (a) administration of law (b) judicial system & (c) legal profession
   (d) civil rights or liberties & (e) matters of public interest, or
   (f) enactment of legislation & (g) review/reform existing laws;
6. Incidental or conducive: do everything reasonably incidental/conducive further objects

(B) Code of Conduct aims: to:

1. Service/Professionalism: make sure members provide:
   (a) high level of service; and (b) professionalism, at all times to those engaging their legal services
2. Accountability:
   (a) accountable (b) respectful & (c) transparent in our dealings, with Law Society members or public
3. Honesty and integrity: act at all times with:
   (a) honesty & (b) integrity and ensuring members do

(C) Member’s duty: in relation to Code of Conduct (1st January 2017):

(a) observe Code in conduct of professional practice
(b) breach of Code is professional misconduct

(D) Codes composition:

1. 2017 Code comprises 23 requirements:
   (a) 9 principles and
   (b) 14 separate rules
   (b) supported by guidance
2. reflects nature of Jersey legal practice:
   (a) how law firm should be run
   (b) how lawyer should interact with:
   (i) lay clients (ii) other lawyers and (iii) courts
3. principles and rules only binding on Law Soc members: - James v Law Society of Jersey, Sinel, and Argand (2017)
4. Fill gaps: care taken referring to E&W Bar/Solicitors Codes to fill coverage gaps

Cotrel v Christmas and others (2013) - Jersey advocate referred to detailed E&W Bar Codes (277 pages) in court

Abacus (C.I.) Limited and De Figueiredo v Bisson (2007)

(a) referred to E&W Bar and SRA codes of conduct indicates certain matters more clearly addressed
(c) adopt purposive interpretation to Jersey Code to ‘fill in the gaps’
(d) allowances made for size of Jersey Bar and limited firm choice
(e) care taken using non-Jersey sources ensure consistent with Jersey legislation

Question 2

Ethics - Objects - What are the objects of the Law Society?

Answer 2

Article 8 of The Law Society of Jersey Law 2005

Law Society objects:

1. Rule of law:

(a) encourage
(b) promote
(c) upholding;

2. High standards of professional conduct: promote among:

(a) practitioners
(b) legal services bodies;

3. Members interests & practice of law:

(a) regulate
(b) foster

in Jersey

4. Study of law:

(a) encourage
(b) promote

5. Representations: make (as appropriate) on matter affecting

(a) administration of law
(b) judicial system
(c) legal profession
(d) civil rights or liberties
(e) matters of public interest, or
(f) enactment of legislation
(g) review or reform existing laws;
6. Incidental or conducive: do everything reasonably incidental/conducive to furthering objects

Full text:

8 Objects of the Law Society

The objects of the Law Society shall be

(a) to encourage and promote the upholding of the rule of law;
(b) to promote high standards of professional conduct among practitioners and legal services bodies;
(c) to regulate, foster and protect the interests of its members and the practice of law in Jersey;
(d) to encourage and promote the study of law;
(e) to make representations, as appropriate, on any matter affecting:
(i) the administration of the law, the judicial system or the legal profession,
(ii) civil rights or liberties or matters of public interest, or
(iii) the enactment of legislation or the review or reform of existing laws;

and

(f) to do everything that is reasonably incidental or conducive to the attainment of those objects.

Question 3

Ethics - Code of Conduct - What is the aim of the Law Society in providing a Code of Conduct?

Answer 3

aim to:

1. Service/Professionalism: make sure members provide:
   a. high level of service; and
   b. professionalism

at all times to all engaging their legal services

2. Accountability:
   a. accountable
   b. respectful; and
   c. transparent in our dealings

with members of Law Society or public

3. Honesty and integrity: act at all times with:
   a. honesty; and
   b. integrity

and ensure members do likewise

Question 4

Ethics - Law Society - What is a Law Society member’s duty in relation to the Code of Practice and what is the consequence of a breach?

Answer 4

Code of Conduct dated 1st January 2017 (Code)

Member’s:

(a) obligation to observe Code in conduct of professional practice
(b) breach of Code is professional misconduct

Question 5

Ethics - Codes - What is the composition of the Law Society Codes and are there any ‘gaps’?

Answer 5

1. 2017 Code comprises 23 requirements:
   (a) 9 Principles and
   (b) separate rules
   (c) supported by guidance
2. reflects nature of legal practice in Jersey, how:
   (a) law firm should be run
   (b) lawyer should interact with:
   (i) lay clients
   (ii) other lawyers and

courts

3. principles and rules only binding on members of Law Society of Jersey - James v Law Society of Jersey, Sinel, and Argand (2017)
4. Fill gaps: care taken referring to E&W Bar/Solicitors Codes to fill coverage gaps

Cotrel v Christmas and others (2013) - Jersey advocate referred to detailed E&W Bar Codes (277 pages) in court

Abacus (C.I.) Limited and De Figueiredo v Bisson (2007)

(a) referred to E&W Bar and SRA codes of conduct
(b) indicates matters more clearly addressed in those codes
(c) adopt purposive interpretation to Jersey Code to ‘fill in the gaps’
(d) allowances made for size of Jersey Bar and limited choice of firms
(e) care taken when using non-Jersey materials ensure consistent with Jersey legislation