SQE1 manual series: why you should study ethics and professional conduct

This LCN Says is part of a series looking at The University of Law’s (ULaw) Solicitors Qualifying Exam (SQE) manuals that have been specifically designed to support law students in their SQE1 exams. This LCN Says will look at what students can expect to learn in Ethics and Professional Conduct manual.

The importance of good behaviour and conducting yourself well

One of the key things that stood out to me in the Ethics and Professional Conduct manual was the emphasis placed on the behaviour and mannerism of solicitors. Having a good grasp of the SRA’s principles and code of conduct doesn’t only help you pass the SQE1 exam but also makes you stand out as a trainee, because you understand the requirements of being a solicitor.

Remember that an ethics issue can pop up anywhere, in the firm you’re training at or in your personal life, so it’s beneficial to develop a good understanding of it now.

Therefore, every law student and aspiring lawyer should take the legal ethics seriously. Although some of what you read sounds obvious, you would be surprised how much you learn about confidentiality and duty of care.

By learning about professional ethics and conduct, you take yourself back to the drawing board as it reminds you why you wanted to study and practice law in the first place, which is ultimately to help people (clients). This manual reignites your passion for practising law because it places importance on the client and society’s constant need for lawyers.

The seven SRA principles

The Solicitors Regulation Authority (SRA) emphasises ethics and professional conduct in its seven principles and code of conduct for solicitors; lawyers must have integrity to gain the public’s confidence. Therefore, the SRA has tight rules set in place to regulate solicitors, the bodies in which they operate and all those working within those bodies. Ensuring solicitors adhere to the seven principles is a huge part of its regulatory function.

The rule of law

The SRA expects solicitors to act in a way that upholds the constitutional principle of the rule of law and the proper administration of justice. The SRA is a big advocate for the rule of law and legality.

Independent legal advice

The SRA expects solicitors to act with independence. This principle means when giving legal advice, solicitors should not be influenced by inappropriate or illegal matters. When a solicitor acts independently, they can provide unbiased and objective legal advice to each client.

Honesty is the best policy

The SRA expects solicitors to act with honesty. How a solicitor relates to their client is important because it is a fiduciary relationship, which means it is built on trust and confidence. Each client trusts their solicitor, sometimes even more than their own family, so the solicitor must be honest about their chances of winning their case or where they stand in their current situation.

Integrity is doing the right thing when no-one’s watching

The SRA expects solicitors to act with integrity. This principle involves more than just honesty and an excellent example of a solicitor who acts with integrity does not willingly mislead the jury or the judge.

Diversity and inclusion

The SRA expects solicitors to encourage equality, diversity and inclusion in their behaviour and values. Equality, diversity and inclusion are fundamental because they are necessary for the legal profession to grow and develop to mirror the organic society we live in.

Duty of care

The SRA expects solicitors to act in the best interests of each client. A solicitor, and any professional, should always provide the proper standard of service to clients, this is why the duty of confidentiality extends to current, former clients and even after a client’s death. Solicitors have a duty of care to each client and are required to treat them fairly and must only offer advice that is in the client’s best interests. This principle ensures that we have a strong, ethical profession and that there aren’t any weak links.

Therefore, should a conflict of interest arise (this could be a client conflict or a personal interest conflict), the solicitor must ask themselves if they can continue to act. If the answer is no, they must then remove themselves from that case. A solicitor who fails to do this might be guilty of breaching professional conduct and could be referred to the Solicitors Disciplinary Tribunal, which holds power to fine, suspend or strike a solicitor off the roll.

Maintain the reputation of the profession

The SRA expects solicitors to act in a way that upholds public trust and confidence in the solicitors' profession and in legal services provided by authorised persons. Again, how one solicitor behaves can damage the profession’s reputation so each solicitor must put their best feet forward to instil and maintain the public’s confidence – think clogs in a machine!

An example of the SRA maintaining the public’s trust was last year when they demanded law firms adhere to its transparency rules and display the SRA digital badge on their websites. This decision followed a study that found that consumers were not in the best position to instruct lawyers due to insufficient information of prices and service levels on their websites.

To understand how emotional intelligence makes you a better lawyer, read this LCN Blog: ‘Emotional intelligence in law.’

If you're interested in other areas of law then read:

• 'SQE1 manual series: why you should study criminal law';
• 'SQE1 manual seres: why you should study contract law'; and
• 'SQE1 manual series: why you should study tort law';

Find further information about ULaw’s SQE1 courses.

Read the latest information about what is happening with the SQE via our SQE hub.

Christianah Babajide (she/her) is the content & engagement coordinator at LawCareers.Net.