Policy highlights risks linked to SLAPPS, NDAs and reputation management strategies affecting professional independence
The Legal Services Board (LSB) has formally clarified that lawyers must prioritise duties to the court, the rule of law and their professional independence ahead of acting in their clients’ best interests where obligations conflict, setting out expectations for regulators to strengthen ethical guidance across the profession.
In a policy statement titled Upholding Professional Ethical Duties, the oversight regulator said frontline regulators must ensure lawyers better understand how competing duties operate in practice and feel supported in applying them in complex workplace environments.
The LSB said that while the hierarchy of duties is not new, it is not always clearly understood or consistently applied. It stressed that duties to the court and the administration of justice take precedence, followed by duties of independence and integrity, with the duty to act in the client’s best interests applying subject to those overriding obligations.
The policy places responsibility on regulators including the Solicitors Regulation Authority and the Bar Standards Board to ensure ethical frameworks are accessible, practical and capable of being applied in real professional settings. The LSB said regulators should review whether current guidance provides sufficient clarity where lawyers face competing pressures from clients, employers or commercial expectations.
A central theme of the statement is the role workplace culture plays in shaping ethical decision-making. The LSB warned that organisational structures, billing expectations, internal hierarchy and client pressure can all affect a lawyer’s ability to act independently. It said regulators should consider how these factors influence behaviour and whether additional supervisory approaches are required to support ethical practice.
The oversight regulator also identified several areas of heightened ethical risk across the legal sector. These include the use of strategic lawsuits against public participation (SLAPPs), the drafting and deployment of non-disclosure agreements, and reputation management strategies capable of restricting scrutiny or public participation. The LSB said regulators must ensure lawyers clearly understand how their professional duties apply in such contexts.
Alongside this, the policy statement emphasises the importance of strengthening ethical confidence earlier in lawyers’ careers. It said regulators should support improvements in training, supervision and continuing competence so practitioners are equipped to navigate competing obligations before issues arise. The aim, it said, is to reduce reliance on enforcement action by strengthening preventative guidance.
The LSB also highlighted the importance of protecting lawyers’ independence in practice. It said practitioners must feel able to challenge clients, refuse instructions where appropriate and raise concerns internally without fear of commercial disadvantage. Maintaining that independence, the board said, is essential to sustaining public confidence in legal services.
As part of the reforms, frontline regulators are expected to monitor whether existing ethical frameworks are working effectively in practice. The LSB said this includes identifying areas where lawyers experience uncertainty, reviewing recurring misconduct themes and demonstrating measurable progress in supporting ethical decision-making across the sector.
Richard Orpin, Chief Executive of the LSB, said: ‘These important steps to strengthen legal ethics will help to reinforce public trust, support the rule of law, and ensure legal services better serve the public interest and the wider economy.’ He said ‘we now look forward to working closely with regulators to embed these changes and support the profession in meeting the highest ethical standards, all for the benefit of consumers and the public.’
Responding to the policy statement, the Law Society of England and Wales president, Mark Evans, said ‘Legal professionals are facing increasingly complex ethical challenges. We support an approach that prioritises practical tools, such as case studies, guidance and accessible advice, over prescriptive regulatory mandates.’
‘Maintaining high ethical standards is at the heart of being a solicitor and we agree regulators play an important role. The legal profession already operates to high ethical standards, rooted in independence, integrity and the rule of law. Supporting members with their ethical challenges is a key focus for us.’
He added ‘The SRA already has well established rules and conducts thematic reviews that inform continuing guidance which provide a robust platform for ethical practice. It will be important that any future work builds on this foundation, rather than duplicates it. It is vital that new requirements are focused and proportionate, especially for small firms, sole practitioners and publicly funded lawyers who may struggle with extra compliance demands.’
He concluded “We will look to work closely with the SRA and the LSB during the pre-implementation phase to ensure the professions’ needs are reflected in the development of tailored and realistic action plans.”