By Gabriel Princewill-
LONDON — A House of Lords select committee report has issued a stark recommendation: the legal profession must implement mandatory, lifelong training in ethical practice to restore dwindling public trust. The move comes amid a growing consensus among regulators and legal professionals that current voluntary approaches are insufficient, with high-profile scandals, such as the Post Office Horizon case, underscoring significant lapses in professional conduct.
The report, titled “Rule of law: holding the line between anarchy and tyranny,” found that a lack of understanding and due regard for professional ethical duties is prevalent within the profession. This, coupled with negative media rhetoric and a lack of access to legal advice, is actively undermining respect for the rule of law.
“Trust in the legal profession has been undermined by high-profile examples of unethical practice,” the report stated. In order to counter this, it urgently recommends that professional bodies “review and strengthen” the ethical training of lawyers, ensuring dedicated training is a continuous feature throughout a lawyer’s career.
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The report follows an inquiry launched amid concerns about the decline of the rule of law globally. The report explores the meaning and importance of the rule of law within the UK, and what the principle looks like in practice. The rule of law is one of the core constitutional principles underpinning the UK’s democracy and, though it is in fairly good shape within the country, the report warns.
Amongst its recommendations is the uniform provision of public legal education in schools to improve public understanding of, and confidence engaging with, the justice system. It also calls for
the Government and politicians more generally to take stronger action to defend the judiciary against attack and avoid contributing to unjustified criticism of legal professionals. Ministers are expected to set the tone in demonstrating that questioning the integrity of judges and spreading misinformation about their judgments is unacceptable. Whilst the latter must necessarily resonate with all decent law abiding citizens, the former must be a none starter, as this depends on the particular facts of each situation. Judges must not be immune for protecting the shared halloed principles of the rule of law.
Current regulation in some jurisdictions, such as England and Wales, has moved away from mandatory, points-based continuing professional development (CPD) in favour of a more flexible “continuing competence” declaration. However, this system has drawn criticism from the Solicitors Regulation Authority (SRA), which has expressed concern over solicitors’ “lack of meaningful reflection” on the training they complete. Evidence reviewed by the oversight regulator, the Legal Services Board (LSB), suggests lawyers sometimes engage in questionable actions without fully considering the professional rules and interests at stake. The LSB’s chief executive, Craig Westwood, noted evidence of lawyers misleading courts and engaging in bullying tactics, indicating “gaps in understanding and support that need to be addressed”.
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Critics argue that a solely workplace-mentorship approach to ethics is inadequate. Dan Kayne, founder of the O Shaped initiative, emphasizes the importance of strong human skills and support networks, particularly for junior lawyers navigating ethical decisions.
Training is expected to equip lawyers with ethical frameworks to navigate complex scenarios and conflicts of interest effectively, especially in novel or emerging areas of law where the law may be ambiguous or non-existent. There is also a necessity for lawyers to adhere high ethical standards builds a strong professional reputation, which is a key factor in attracting and retaining clients in a competitive market. Many lawyers, particularly duty solicitors are notorious for either lacking adequate expertise, or not acting in the best interest of their clients
Ethical practice, including maintaining strict confidentiality and acting in the client’s best interest, forms the foundation of trust, leading to more productive and enduring client relationships.
A strong understanding of ethical and regulatory obligations helps lawyers identify and mitigate risks, preventing potential malpractice claims, disciplinary action by bodies like the Solicitors Regulation Authority (SRA) or the Bar Standards Board (BSB), and associated reputational damage.
Development of “Soft” Skills: Ethics training often goes hand-in-hand with the development of crucial soft skills like empathy, critical thinking, communication, and negotiation, which are highly valued by clients and colleagues.
Beyond training, experts argue that leadership is crucial. Improving ethics requires a supportive culture within legal organisations that encourages open discussion of mistakes and concerns, rather than blame. The Law Society has launched a “professional ethics hub” to provide practical support and resources to members navigating complex ethical landscapes. Although the profession is defined by the highest ethical and professional standards, the reality on the ground is far from the rhetoric.
The rule of law report comes after a nine-month inquiry in which the committee took evidence from the most senior judiciary as well as professional bodies, regulators, academics, journalists and then lord chancellor Shabana Mahmood. Among its other recommendations is a call for the government to take ‘decisive action to tackle delays in the courts’, better education about the rule of law in schools and an end to personal attacks on judges. The Eye Of Media.Com early in 2025 also contributed to the inquiry and raised evidence with the LSB, Law Society and the Ministry Of Justice of widespread flagrant breaches of the rule of law across the judicial system in the Uk in need of urgent attention.
Lord Strathclyde, Chair of the Constitution Committee said:
“We should be proud of our long history of the rule of law in the United Kingdom and the role it plays in ensuring we have peaceful communities and in underpinning business and trade. But we cannot be complacent. This stability is not guaranteed and protecting the rule of law is something that everyone, not only politicians and lawyers, should both want to do and actively be doing.
“The erosion of trust in the rule of law has become particularly acute in recent years, as law breaking with apparent impunity in the form of shop theft and other visible crimes, alongside delays and backlogs in the courts, have now become part of our everyday lives.
Chair of the Constitution Committee: Lord Strathclyde,
“The Government should be at the forefront of restoring our belief in the rule of law. It needs to take strong and visible action to promote and uphold this important constitutional value and this should be underpinned by addressing the weaknesses in our justice system.
“This is a crucial moment and decisive action must be taken.”
While mandatory ethics training alone may not prevent every instance of misconduct, such as the scale of the Post Office scandal, advocates maintain it would serve as a vital, regular reminder of the profession’s responsibilities and the privilege of its position. Ensuring lawyers are equipped with robust ethical reasoning skills is seen as paramount to maintaining public confidence and safeguarding the integrity of the justice system for years to come.
Image: lexlaw.co.uk
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