Module & Assessment: Professionalism & Ethics
My
chosen example is the online article about the SRA failure to investigate the case of
Leigh Day due to liaison with institutional bodies, bringing criticism to the
‘independent’ regulation of the Legal Profession.1 This essay explores the importance
of being independent in the legal profession while prosecuting unlawful firms,
concluding that SRA must not cooperate with any institutional bodies when in process
of investigating as could result in lobbying and unfair judgements although there is no
such meaning of what independent is in any legislations. Therefore, the grounds for
this ‘independent’ regulation of the legal profession is analysed. Having identified
ethics that are avoided by the legal professionals, ‘SRA’, I will show how the above
bodies acted unlawfully concerning their legal duties. Accordingly, I will demonstrate
the gap in the law which allows those bodies to unethically do so.
In the Gazette article, the public law and human rights solicitor argue that the
behaviour of SRA members dealing with Leigh Day prosecution was not adequate,
requiring an independent investigation upon this matter. 2 Prior to act independent is
referred to in the regulatory objectives set out in the Legal Service Act. 3 One of the
objectives of the LSR is to ‘’encourage an independent, strong, diverse and effective
legal profession’’4, and one of the supporting professional principles in the Act is that
“authorised persons should act with independence and integrity”.5 Therefore the SRA
3rd principle states that a lawyer should “not allow their independence to be
1 Gazette Newsdesk, 'Super-regulator puts SRA chief on spot over Leigh Day
probe' (The Law society Gazette, 19
December) <https://www.lawgazette.co.uk/news/super-regulator-puts-sra-chief-on-
spot-over-leigh-day-probe/5068716.article> accessed 24 November 2019
2 Ibid.
3 Legal Service Act 2007
4 Legal service board, 'The regulatory objectives' (Legal services board website, June
2017) < https://www.legalservicesboard.org.uk/news_publications/publications/pdf/
regulatory_objectives.pdf> accessed 25 November 2019
5 Ibid.
My
chosen example is the online article about the SRA failure to investigate the case of
Leigh Day due to liaison with institutional bodies, bringing criticism to the
‘independent’ regulation of the Legal Profession.1 This essay explores the importance
of being independent in the legal profession while prosecuting unlawful firms,
concluding that SRA must not cooperate with any institutional bodies when in process
of investigating as could result in lobbying and unfair judgements although there is no
such meaning of what independent is in any legislations. Therefore, the grounds for
this ‘independent’ regulation of the legal profession is analysed. Having identified
ethics that are avoided by the legal professionals, ‘SRA’, I will show how the above
bodies acted unlawfully concerning their legal duties. Accordingly, I will demonstrate
the gap in the law which allows those bodies to unethically do so.
In the Gazette article, the public law and human rights solicitor argue that the
behaviour of SRA members dealing with Leigh Day prosecution was not adequate,
requiring an independent investigation upon this matter. 2 Prior to act independent is
referred to in the regulatory objectives set out in the Legal Service Act. 3 One of the
objectives of the LSR is to ‘’encourage an independent, strong, diverse and effective
legal profession’’4, and one of the supporting professional principles in the Act is that
“authorised persons should act with independence and integrity”.5 Therefore the SRA
3rd principle states that a lawyer should “not allow their independence to be
1 Gazette Newsdesk, 'Super-regulator puts SRA chief on spot over Leigh Day
probe' (The Law society Gazette, 19
December) <https://www.lawgazette.co.uk/news/super-regulator-puts-sra-chief-on-
spot-over-leigh-day-probe/5068716.article> accessed 24 November 2019
2 Ibid.
3 Legal Service Act 2007
4 Legal service board, 'The regulatory objectives' (Legal services board website, June
2017) < https://www.legalservicesboard.org.uk/news_publications/publications/pdf/
regulatory_objectives.pdf> accessed 25 November 2019
5 Ibid.
