Ethics is always an important topic and ethical behaviour involves more than just not acting dishonestly. Historically, professional ethics were often unwritten, passed down through mentorship and tradition. Over time, formal codes emerged to ensure consistency and accountability. For those of us who are regulated by the SRA, the third, fourth and fifth principles - that solicitors act with independence, honesty and integrity - are part of the SRA Standards and Regulations, which sit alongside the Solicitors Code of Conduct, but are not technically within the Code itself.
While the specifics differ, there are similar requirements for most other professionals, reflecting broader societal expectations of transparency and fairness. In medicine, for instance, the General Medical Council enforces strict guidelines around patient confidentiality and informed consent. Accountants must adhere to rigorous standards set by bodies like the ICAEW.
Legal services board consultation
Whilst ethics have always been foundational, they appear to be under sharper focus today. For example, the Legal Services Board (‘LSB’), which is the oversight regulator for all lawyers, including barristers, solicitors and chartered legal executives, launched a consultation in March 2025 proposing new regulatory measures to strengthen ethical standards in the legal sector.
These included embedding ethics into legal education and training, workplace culture and regulatory codes to stem a perceived decline in ethical standards. The LSB cited examples of ethical failures such as the misuse of Non-Disclosure Agreements (‘NDAs’) and using strategic lawsuits against public participation (SLAPPs), and emphasised the need for systemic support for ethical decision-making.
For its part, the Law Society has responded to suggest that the ethical issues are perhaps overstated as a result of a few high profile regulatory failures. It emphasised that most solicitors understand and uphold ethical duties, and that the current SRA framework already addresses many of the issues raised – such as SLAPPs and NDAs. The Law Society also cautioned that the tone of the consultation risks undervaluing the robustness of existing regulation and could unfairly damage public confidence in the profession.
At the other end of the spectrum, academics at the UCL Centre for Ethics and Law argued that the LSB should introduce an ‘overriding’ ethical duty for lawyers, akin to the overriding objective in civil procedure, which would serve as a normative anchor to help resolve conflicts between competing professional duties, particularly where the duty to act in a client’s best interests risks overshadowing broader ethical responsibilities.
DWF Chatham House ethics discussion – June 2025
In June, we facilitated an Ethics discussion to consider these issues further under Chatham House rules, with a number of leading figures from the world of professional indemnity insurance, including professionals, claims managers and lawyers.
One of the themes that emerged was the perception that professional standards have slipped compared to 20–30 years ago. There are several possible reasons for this. The growth of larger professional firms has arguably diluted the sense of individual accountability. Historically, in smaller practices, ethical lapses were more visible and often more swiftly addressed. In contrast, larger organisations can sometimes obscure individual responsibility behind layers of process and hierarchy.
The discussion also encompassed the evolving regulatory landscape. Frequent changes to the regulatory regime can create confusion and make it harder for professionals to keep pace with expectations. There was a strong view that ethical obligations should be ingrained through continuity and clarity. Without a stable framework, it becomes difficult to embed ethical principles into everyday practice.
A similar, but different, factor is the shift towards less prescriptive regulation. The move to outcome-focused regulation, while intended to encourage professional judgement and flexibility, has introduced a greater degree of ambiguity. Practitioners are now required to interpret broad principles rather than follow detailed rules, which can lead to uncertainty and inconsistency in ethical decision-making.
Some argued that regulators have failed to concentrate on the essentials. In their pursuit of modernisation and flexibility, they may have overlooked the importance of clear, consistent guidance on core ethical duties. The result is a profession navigating a landscape filled with grey areas, where the boundaries of acceptable conduct are increasingly difficult to define.
The impact of Covid and the rise of remote working were also discussed. While remote working has brought many benefits, it has also introduced new risks. The lack of direct supervision, reduced informal peer interaction, and blurred boundaries between personal and professional life can all contribute to ethical lapses. There is a concern that without deliberate efforts to maintain standards, remote working could lead to a further decline in professional conduct.
Comment
Ethics education is increasingly embedded in legal training, but there is a growing call for more practical, continuous support throughout a lawyer’s career. Technology too is reshaping the ethical landscape. The use of AI in legal research and document review raises questions about bias, transparency, and accountability.
Yet, despite these pressures, the perception of declining professional standards may be more about visibility than reality. In an age of digital scrutiny and social media, professional lapses are more visible than ever giving the impression of significantly declining standards, even if the underlying behaviour has not changed as much.
Please see our other related articles here: Professional Liability Risks in the Age of AI
