House of Lords committee recommends dedicated lifelong ethics training for lawyers
Lawyers should receive training in professional ethics throughout their careers, according to a House of Lords committee that has examined growing threats to the rule of law in the United Kingdom. In its report titled Rule of law holding the line between anarchy and tyranny, the Constitution Committee says that trust in the legal profession has been undermined by high profile examples of unethical practice.
The committee states that this loss of trust has been made worse by negative rhetoric in the media and by politicians, as well as by massive inequalities and a lack of access to legal advice. According to the report, these factors combine to erode respect for the rule of law. It cites the Post Office Horizon scandal and research from the Legal Services Board which found a lack of understanding or insufficient regard for what upholding professional ethical duties requires in practice.
To rebuild trust, the committee recommends that ethical training for lawyers be reviewed and strengthened by professional bodies. The report states that lawyers should receive dedicated ethical training throughout their career rather than only at the point of qualification.
Embed from Getty Images
The publication follows a nine month inquiry during which the committee heard evidence from senior members of the judiciary, professional bodies, regulators, academics, journalists and the then Lord Chancellor Shabana Mahmood. In addition to recommending strengthened ethical training, the committee calls for decisive government action to address delays in the courts, improved education about the rule of law in schools and an end to personal attacks on judges.
The committee concludes that the rule of law is not self sustaining and requires active support across society. It states that everyone but especially individuals in public life must work to strengthen the rule of law culture without delay. Failure to do so, the report warns, risks the rise of extremist political parties, increased hostility towards democratic institutions and conditions in which a system of arbitrary rule could emerge.
Responding to the report, Law Society president Mark Evans said it makes a vital contribution at a time when the rule of law faces threats from governments and powerful actors across the world. He added that the justice system continues to suffer from chronic underfunding which undermines its ability to provide an essential public service.
The committee’s findings reinforce concerns that existing ethical training may not sufficiently prepare lawyers for the pressures and responsibilities of practice. By recommending a lifelong approach to ethics education, the report seeks to promote a stronger professional culture and to ensure that legal practitioners continue to uphold the standards that support confidence in the justice system.