Soft law developed by lawyers could drive ethical legal practice: report

Soft law developed by lawyers could drive better ethics in legal practice, according to a report commissioned by the International Bar Association.

At a July 4 roundtable co-hosted by the IBA, one unified opinion was that guidance for ethical and governance matters created by the legal profession would better champion positive change in this area compared to government intervention. Such an approach would also better preserve the profession’s independence; moreover, developing soft law within the profession could protect the independence of lawyers under authoritarian governments looking to undercut the rule of law and restrict the profession, participants added.

Participants comprised lawyers and bar representatives from common law and civil law jurisdictions, parliamentarians, academics and representatives of international organisations, civil society and corporate clients.

The group concurred that self-regulation could be better tailored to specific concerns, could be implemented more quickly, and could be better crafted than regulations developed externally. Nonetheless, participants from the civil society called out how self-regulation had not been able to address how members of the legal profession abused their power, such as in strategic lawsuits against public participation and non-disclosure agreements.

Thus, a participant recommended the imposition of interim penalties to encourage better behavior among lawyers. Another suggested expanding the role of non-lawyers in the development and management of legal codes of practice.

Participants warned that if the profession did not take pre-emptive action against ethical concerns, pressure from the public would push governments to act.

The roundtable was convened by Chatham House, London in line with the IBA’s plan to engage with the profession’s critics. The event also touched on topics like the profession’s daily challenges and regulator responses to the shift in focus towards more global, socially conscious expectations from the profession.

The report was published by Chatham House following the roundtable. The event was also supported by the IBA’s Legal Policy & Research Unit.