Is the Bar still a stand-out example of adherence to high ethical standards?

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Law Ethics
Is the Bar still a stand-out example of adherence to high ethical
standards?
04-Apr-18
(Student Details: )

Law Ethics
Introduction
Under the law, bar is deemed as the legal profession as an institute; and a barrister,
known as bar at law, is deemed as a kind of lawyer, in the common law jurisdiction. It is a
common perception that the barristers indulge in grey areas of the law1, in order to bring the
most favourable results for their clients, particularly in the present world of increased
competition and decreased fees. All this makes it important for the Bar to be an example of high
ethical standards. Even with the commercial pressure being placed on the barristers at the present
time, the requirement of maintaining high ethical standards continues to be at the top. This
comes at such a time where the profession of barristers is under high scrutiny from regulators,
public and the media, where the significance of maintaining high standards is emphasized,
particularly because of the perceptions amongst the people of the barristers using the grey areas2.
This has resulted in the professional ethics becoming a hot topic. This discussion is focused on
showing that the Bar continues to be a standout example when it comes to following high ethical
standards.
Discussion
In the nation, the Parliament of UK has passed the Legal Services Act, 20073 makes an
attempt to liberalize and regulate the legal services market in England and Wales. This
legislation seeks to encourage more competition and also provides new route for the complaint to
be raised by the consumers. The regulatory objectives of this legislation have been covered under
1 Chambers and Partners Ltd, ‘Ethics and the law’ (2018)
<http://www.chambersstudent.com/where-to-start/newsletter/ethics-and-the-law> accessed 04 April 2018
2 Desiree Artesi, ‘Leading the way on ethics’ (January 2017) <https://www.counselmagazine.co.uk/articles/leading-
the-way-ethics> accessed 04 April 2018
3 Legal Services Act, 2007
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Law Ethics
section 1 where eight distinctive objectives have been provided. These include the promotion and
protection of public interest, supporting constitutional principles of rule of law, protection and
promotion of interests of consumers related to the legal services, improving upon the access to
justice, promotion of competition in the legal services provision, encouragement of strong,
independent, effective and diverse legal profession, promotion and maintenance of following the
professional principles, and increasing the understanding of public regarding the legal rights and
duties of the citizens4.
The professional principles which are covered under section 1 of this act include
authorized persons to act with integrity and independence, to maintain proper standards of work,
and acting in the client’s best interest. These principles also provide that the individuals who
exercise before a court a right of audience or where the conduct litigation related to the
proceedings in court owing to the virtue of being authorized individuals have to follow their
obligations to court for acting in autonomy in interest of justice. Lastly, the professional
principles provide that the matter of the client needs to be kept confidential5.
The duty of promoting regulatory objectives has been imposed on the Legal Services
Board through section 2 to 76. There is also a consumer panel which represents the consumers,
which are covered under section 8 to 117. This legislation also covers certain reserved legal
activities under section 128 and schedule 29. These include conduct of litigation, exercising rights
of audience, notarial activities, probate activities, administration of oaths and reserved instrument
activities which are the activities related to real property and land registration. This list is open to
4 Legal Services Act 2007, s1
5 Frank H Stephen, Lawyers, Markets and Regulation (Edward Elgar Publishing 2013)
6 Legal Services Act 2007, s2-s7
7 Legal Services Act 2007, s8-s11
8 Legal Services Act 2007, s12
9 Legal Services Act 2007, sch2
3