Assessment Law Report: Justice, Fairness, and Ethical Responsibilities

This report delves into the fundamental concepts of justice and fairness within the legal system, exploring their interconnectedness and significance. It examines the core values underpinning the law, including judicial independence, legal excellence, and ethical responsibilities. The report analyzes the SRA Code of Conduct for Solicitors, focusing on confidentiality and ethical considerations in legal practice. Part A of the report discusses the core values of justice and fairness, their importance in the legal system, and their relationship with ethics and morality. Part B analyzes a case study, evaluating a solicitor's actions regarding confidentiality and adherence to the SRA Code of Conduct. The report emphasizes the importance of fairness, equality, and access to justice, while highlighting the ethical obligations of legal professionals.

Assessment
Law

Contents
INTRODUCTION...........................................................................................................................3
PART A...........................................................................................................................................3
PART B............................................................................................................................................6
a) Lusanda’s course of action about publicising Mr Wise’s name.............................................6
b.) Determining if Lusanda’s handling of Mr. Wise’s complaint is considered to be
appropriate..................................................................................................................................8
CONCLUSION..............................................................................................................................10
REFERENCES..............................................................................................................................11

INTRODUCTION
Law is considered to be as the specific set of rule of laws which in turn has been
enforceable by courts and tends to effectively regulate the government of state. It is significant in
effectively establishing the key relationship between the organs of the government as well as the
subject of state. English law is referred to as the legal system which in turn has been
administered by the court within England. The present study tends to mainly focus on effectively
determining the key relationship associated with the justice and fairness. The study also focuses
on identifying the key set of values which tends to underpin the legal system. The present study
also focuses on evaluating the institutions, professional roles as well as ethics related with the
judiciary and the legal professions. This study also tends to appraise the ethical responsibilities
of the lawyer linked with the case study.
PART A
“Justice reflects our values about what is fair” this statement is considered to be true and
completely agree with this statement. Justice is referred to as a concept linked with the moral
rightness which is usually based upon the rationality, ethics, equity and fairness, religion and
natural law 1. This way it is considered to be highly significant in effectively taking into account
the inborn as well as the inalienable rights associated with the citizens and human beings. Core
values associated with the justice are mainly judicial independence, stewardship, legal
excellence, humanity, open market linked with the legal services and innovation. However,
justice is considered to be as one of the crucial value within the key spheres of the politics and
law. Hence, the legal as well as the political system tends to focus on effectively maintaining the
law and order which in turn are desirable. Justice is referred to as the significant level of action
which tends to mainly comprise with the requirement of the law. However, justice tends to
mainly comprise of the common rules linked with the humanity which emerges as sort of
consensus. Justice is considered to be as fairness 2. It is considered to be as an action which tends
to pay due set of regards to proper interest, safety of the fellow and property. Justice as fairness
1 Crummey, Conor. "Why Fair Procedures Always Make a Difference." The Modern Law
Review 83, no. 6 (2020): 1221-1245.
2 Brimbal, Laure, Ben Bradford, Jonathan Jackson, Maria Hartwig, and Emily Joseph. "On
the importance of a procedurally fair organizational climate for openness to change in law
enforcement." Law and Human Behavior 44, no. 5 (2020): 394.

is considered to be as more of context bound. The principles linked with the fairness and justice
can be significantly thought as the significant rule of the fair play for issues linked with the
social justice. The key principles linked with the justice is mainly equality, fairness and access.
Principles linked with the fairness and justice is mainly central to retributive, procedural, and
restorative justice 3. However, justice is considered to be as one of the most important virtue
because it mainly focuses on regulating the key significant set of relationship with the others. It
is considered to be highly pivotal because it is useful in effectively regulating the relationship
and also enables people to receive certain set of basic benefits. Fairness on the other hand is
considered to be as the quality of being fair and tends to show no degree of bias towards other
individual.
Fairness is referred to as a quality of being fair. It tends to show no bias towards the
individual people in society. However, equity is considered to be as the system linked with the
fairness and justice. This helps in giving even handed treatment to all the individuals within the
society. Justice is referred to as the moral fabric which tends to bind the civilization and modern
society. This is the significant concept which in turn is mainly based upon the ethics and moral.
Fair set of treatment has been given to all the individuals. However, equality is considered to be
as one of the key integral component linked with the justice. Fairness is considered to be as the
key significant ability to effectively make the key judgements. Justice is referred to as the
standard associated with the rightness. Fairness in turn is often referred to as the regard with the
key ability to effectively judge one's own feeling and interest. Fairness is considered to be as the
key basic requirement within the legal system. It is the key significant procedure which is mainly
linked with the main concept of sociology. This is considered to be crucial for the due process. It
is mainly linked with the justice in both sociological sense as well as the legal sense. Fairness is
useful in effectively treating others in an equal manner and is considered to be highly reasonable.
Law is referred to as the key idealized concept associated with the common goods of the
public. The core values associated with the law in turn mainly includes protection of the
fundamental rights and also trends to mainly include the security of the persons and contract,
human rights and property. The key values associated with the law in turn mainly includes rule
3 Toktogazieva, Saniia, Elida K. Nogoibaeva, C. Kessell Steven, Kamila Mateeva, and
Kanykei Kasybekova. "Fair trial standards and legitimacy of criminal justice actors in
Kyrgyzstan–a research note." International Journal of Comparative and Applied Criminal
Justice 44, no. 1-2 (2020): 119-133.

of law, respect, democracy and individual liberty. Whenever the law has been significantly laid
down publicly, it always tends to create a sense of fairness. The law is significant in effectively
forming a moral bond upon everyone within the society. It tends to include those individuals who
has significantly laid down on the particular law 4. The individual people tends to demand fair
degree of treatment according to the specific law. Fairness of law linked with the general public
helps in ensuring that the legal system is fair.
Law and morality are associated with one another. Laws has been significantly based
upon the key moral principles related with the society. Laws in turn are significantly based upon
the moral principles of the society. This way it tends to effectively regulate the conduct of
individual within the society. Law is considered to be prominent in controlling and regulating the
external human conduct. Law is considered to be highly universal within the society. Morality is
considered to be variable and also controls as well as regulates both external actions and inner
motives. However, laws in turn are generally based upon the moral principles associated with the
particular society. Laws has been significantly upheld by the coercive power and the morality
tends to enjoy high degree of support related with the public opinion and individual conscience.
Morals in turn are considered to be as the key basis of the law. This is considered to be useful in
effectively ensuring that, the effective set of administration for the justice has been relied upon.
Rule of law is referred to as the principle within which all the person, entities and institutions are
highly accountable to the laws which in turn has been equally enforced, publicly promulgated
and also independently adjudicated.
Justice is defined to be as fairness where it means that, law has been significantly applied
in an equal manner to everyone. The key values linked with the justice legal system mainly
comprise of the equal justice under specific law 5. Another key value is access to the justice,
pursuit of excellence, accountability, cooperation, integrity, honesty, equality, transparency and
importance to individual. The idea of justice within the law is considered to be as the key essence
within the legal justice which tends to mainly lie in ensuring high degree of certainty and
uniformity within the law. It is relevant to effectively ensure the key rights and duties which in
4 Wang, Edward Shih-Tse, and Yu-Chen Chen. "Effects of perceived justice of fair trade
organizations on consumers’ purchase intention toward fair trade products." Journal of
Retailing and Consumer Services 50 (2019): 66-72.
5 Lahti, Raimo. "Towards a more efficient, fair and humane criminal justice system:
Developments of criminal policy and criminal sanctions during the last 50 years in
Finland." Cogent Social Sciences 3, no. 1 (2017): 1303910.

turn has been duly respected by all. However, the notion of the justice has been impartially
imbibed within it. However, the violation of the justice which in turn has been significantly
enforced within the law tends to result in punishment. Justice is mainly linked with the
application associated with the rule of law. This is mainly linked with the certainty to effectively
apply for the legal rules which in turn has been applied by the legal set of rules. This is
significant in effectively resolving the disputes between the citizens and the states. Justice is
considered to be as the key ailment which is useful in effectively tie up the individual within the
society and also helps in harmonizing the key balance and is also useful in enhancing the key
human relations. Justice is relevant in giving punishment to the culprit who in turn has done
crime or in turn has harmed another individual 6. Justice is referred to as giving person his due.
Justice and fairness are interconnected and interlinked to one another. Equality is considered to
be as the integral part which helps in ensuring that the fair treatment has been given and also
tends to provide equal set of opportunity to each individual. Fairness is considered to be highly
significant in effectively treating each individual person in an equal manner. Fairness is mainly
associated with providing justice in both sociological as well as the legal sense. It is significant
in ensuring that the parties tend to receive fair hearing and just treatment is provided. It helps in
ensuring that the person has complete degree of understanding associated with the legal rights.
However, this statement “Justice reflects our values about what is fair” is considered to be true
and justified.
PART B
a) Lusanda’s course of action about publicising Mr Wise’s name
SRA Code of Conduct for Solicitors
Solicitors and organisation for whom they work could provide the legal services in
number of ways. They are required to ensure that they are having right controls and systems in
place and they meet the requirements. SRA sets ethical and the professional standards which are
expected from the solicitors and law firms regulated by the authority along with people working
in the firms. Codes set the requirements to be followed and behaviour patterns they have to
6 Trinkner, Rick, Jonathan Jackson, and Tom R. Tyler. "Bounded authority: Expanding
“appropriate” police behavior beyond procedural justice." Law and Human Behavior 42,
no. 3 (2018): 280.

demonstrate while providing the legal services to the people. For instance the para 8.6 of Code
provide about information that must be provided by the solicitors to their clients for the services
as well options available to them. They are used by the authority to investigate specific situations
which are handled by the solicitors.
General duty of confidentiality
As per para 6.3 of SRA Codes it requires the solicitors to keep affairs of the former and
current clients information confidential unless the disclosures are permitted by the laws or
required or with consent of clients. This duty as the obligation under data protection legislations
and common laws and is one core professional principles set in the section 1(3)(e) of Legal
Services Act, 2007 and the professional standards in codes. Courts had stated that duty of
preserving confidentiality is not qualified, it is duty of keeping information confidential and not
merely taking the reasonable steps for doing so.7 This is not limited over duty of not
communicating information to third party. This is a broad duty of not misusing it without consent
of the former or current client for making the use or to make any use of the information other
than benefit for the client. Duty of the confidentiality is attached to all the information which are
given by clients or third party in connection with retainer where solicitor of firm is instructed8.
Advertising to the public
The para 8.9 of Code of Conduct imposes blanket ban over advertising by the solicitors.
It provides no advertisement is permitted to the public subject to some conditions. They are
required to consider the obligation under the applicable laws. Para 8.9 & 7.1 of Standards and
Regulations also prohibit the unsolicited approaches towards members of public, even if it is
permitted under the laws. It provides that they cannot make unsolicited approaches towards
members of public, with exceptions of the former or current clients, to advertise the legal
services which have been provided by solicitors or employer or the business.
7 All Continents and others, 'What Is English Common Law?' (WorldAtlas, 2020)
<https://www.worldatlas.com/articles/what-is-english-common-law.html> accessed 14
December 2020.
8 'English Law' (TheFreeDictionary.com, 2020) <https://legal-
dictionary.thefreedictionary.com/English+Law> accessed 14 December 2020.

Para 7.1 of Code has provided solicitors cannot make specific or direct target approaches
towards the members of public in the person via phone or any other means that targets them
individually.
They are allowed to make advertisements for the services to public as long it is done in
the non targeted or non – intrusive way.
In the present case, leaflet has been significantly developed by the Lusanda and the same
has been handed out in the high street to the potential customers. However, sending leaflet to the
people who are at home has been significantly allowed 9. It is ethical to send leaflet to all the
homes within large geographical error. In this specific case scenario, distribution of the leaflet to
the targeted potential customers is not considered to be ethical. It is considered to be as unethical
practice to distribute leaflet to the selective target people. In the present case, sending leaflet to
the targeted people is referred to as the breach of standards.
b.) Determining if Lusanda’s handling of Mr. Wise’s complaint is considered to be appropriate.
The Lusanda’s way of handling Mr. Wise’s complaint is not considered to be appropriate. This is
because Mr wise has significantly heard about the website and has also discovered that he has
been overcharged. In the present case scenario, Mr. Wise’s has contacted Lusanda in order to
make a complain. Lusanda’s ensured that all the information will be emailed regarding the
complaint and will assign the matter to someone who will look into this matter. However, 9
weeks has been passed The code of conduct is considered to be as the key significant set of
requirements which the solicitor in turn must meet. It tends to mainly include the key behaviours
which in turn must be demonstrated in order to effectively provide legal set of services to the
people.
SRA has published the guidance reminding the solicitors of the obligations when it is to
inform the clients of the procedures of complaints for barristers. It acts as reminder the firms of
need for solicitors to provide the information of complaint in the manner that clients are able to
comprehend and ensuring that complaint procedures are usable and transparent. Treating the
complaint handling as the SRA requirement simply will not allow to understand the value of
effective and well managed complaint systems.
9 SRA Code of Conduct for Solicitors, RELs and RFLs. 2020. [Online]. Available through:
<https://www.sra.org.uk/solicitors/standards-regulations/code-conduct-solicitors/>

Complaint could be expression of the dissatisfaction whether writing or verbal. The
complaints could highlight the issues or areas of improvement in the practice. Handling the
complaints will protect the reputation and preventing the future complaints. SRA and Legal
Ombudsman define complaint as expression of the dissatisfaction that alleges complainant my
suffer or has suffered which covers distress, financial loss, inconvenience or the other detriment.
The acvtivities of the solicitors are regulated by the SRA. They are required to inform the client
in the writing identifying specific services that are subject the regulation by SRA and
implications of the regulation. Where any complaint is made by the client it will be investigated.
Solicitors are required to deal with the complaints promptly, openly, fairly and effectively for
determining whether will be upheld or not and what are the remedial actions or the redressal will
be appropriate. They are required to seek for resolving complaints at earliest with aim of
considering them within the 8 weeks of the receipt.
The complaints have to be acknowledged timely in writing and to include the details of
complaint handling procedures. They are required to provide their final response to the clients
and acknowledgement has to be combined with final response. The solicitors are required to
provide the client for the complaints that have been made by them. There are required to ensure
that information provided by them enables them to make correct decisions regarding the services
they require. They should inform the manner in which their matter would be handled and options
which are available to them.10 Clients should receive best information regarding the prices for
their matter both at engagement time and at other times with the progress of matters about likely
costs of matters and costs that have incurred. They must resolve the queries of client regarding
the prices that have been charged to them for the services provided or which would be provided
by them.
In the present case Wise has made complaint about being overcharged for the case. The
complaint has to be answered by the solicitors and provide all the information regarding the
procedures that will be followed to resolve the issue. The solicitor has not made any response to
Wise though 9 weeks have already been lapsed from the complaint. The law provides to respond
10 'SRA Code Of Conduct For Solicitors' (Winston Solicitors, 2020)
<https://www.winstonsolicitors.co.uk/legal-and-regulatory> accessed 14 December 2020.

the complaint at earliest but any how within 8 weeks. It has not responded to the client and also
not provided any information regarding the complaint11.
It has been concluded that, it is the key duty of the solicitor to effectively provide the
legal set of services in varied number of ways. SRA helps in effectively setting professional as
well as ethical set of standards. In the present case, Lusanda’s course of action about publicising
Mr Wise’s name is not permissible because it breaches the code of conduct. In this present case,
the way Lusanda has handled the complaint of Mr. Wise is unethical because the solicitor has not
given information to the client and addressed his issue on a timely manner. It was also unethical
to distribute the leaflet to the targeted potential customers.
CONCLUSION
It has been summarized that, justice is one of the crucial value within the key spheres of the law.
Principles linked with the fairness and justice is mainly central to retributive. Justice and
fairness within the law is highly pivotal because it is useful in effectively regulating the
relationship. Fairness is linked with providing justice in both sociological as well as the legal
sense. As per the code of conduct, it requires the solicitors to keep affairs of the former and
current clients information confidential. Sending leaflet to the targeted people is referred to as
the breach of standards.
11 'SRA Code Of Conduct For Solicitors, Rels And Rfls' (Sra.org.uk, 2020)
<https://www.sra.org.uk/solicitors/standards-regulations/code-conduct-solicitors/> accessed
14 December 2020.

REFERENCES
Books and Journals
Crummey, Conor. "Why Fair Procedures Always Make a Difference." The Modern Law
Review 83, no. 6 (2020): 1221-1245.
Brimbal, Laure, Ben Bradford, Jonathan Jackson, Maria Hartwig, and Emily Joseph. "On the
importance of a procedurally fair organizational climate for openness to change in law
enforcement." Law and Human Behavior 44, no. 5 (2020): 394.
Toktogazieva, Saniia, Elida K. Nogoibaeva, C. Kessell Steven, Kamila Mateeva, and Kanykei
Kasybekova. "Fair trial standards and legitimacy of criminal justice actors in Kyrgyzstan–a
research note." International Journal of Comparative and Applied Criminal Justice 44, no.
1-2 (2020): 119-133.
Wang, Edward Shih-Tse, and Yu-Chen Chen. "Effects of perceived justice of fair trade
organizations on consumers’ purchase intention toward fair trade products." Journal of
Retailing and Consumer Services 50 (2019): 66-72.
Lahti, Raimo. "Towards a more efficient, fair and humane criminal justice system:
Developments of criminal policy and criminal sanctions during the last 50 years in
Finland." Cogent Social Sciences 3, no. 1 (2017): 1303910.
Trinkner, Rick, Jonathan Jackson, and Tom R. Tyler. "Bounded authority: Expanding
“appropriate” police behavior beyond procedural justice." Law and Human Behavior 42,
no. 3 (2018): 280.
Singh, M.I.K., ADVERTISING BY LEGAL PROFESSIONALS.
Sharma, A.E., Yang, J., Del Rosario, J.B., Hoskote, M., Rivadeneira, N.A., Council, S.R.A. and
Sarkar, U., 2020. What safety events are reported for ambulatory care? Analysis of
incident reports from a Patient Safety Organization. The Joint Commission Journal on
Quality and Patient Safety.
'SRA Code Of Conduct For Solicitors, Rels And Rfls' (Sra.org.uk, 2020)
<https://www.sra.org.uk/solicitors/standards-regulations/code-conduct-solicitors/>
accessed 14 December 2020.
'SRA Code of Conduct For Solicitors' (Winston Solicitors, 2020)
<https://www.winstonsolicitors.co.uk/legal-and-regulatory> accessed 14 December 2020.
All Continents and others, 'What Is English Common Law?' (WorldAtlas, 2020)
<https://www.worldatlas.com/articles/what-is-english-common-law.html> accessed 14
December 2020.
English Law' (TheFreeDictionary.com, 2020)
<https://legal-dictionary.thefreedictionary.com/English+Law> accessed 14 December 2020.