Advocates Uphold Ethical Standards

The Bar Standards Board (BSB), the Solicitors Regulatory Authority and the Chartered Institute of Legal Executives (CILEX) provide Codes of Conduct that govern the practice of advocacy. This essay will examine the extent that these safeguards ensure that advocates uphold ethical standards. Whilst also, testing the limits of acceptable advocacy within the constraints of the rules of ethics, professional conduct, and evidence.

The adversarial system is based on advocates convincing the judge and jury that their version of the facts is the most convincing. Advocates are integral to the adversarial system to represent citizens and provide access to justice and legal services. For the administration of justice advocates must act ethically. Ethics

Yet, an advocate also, has a duty to their client to promote and protect their best interests. Consequently, the Codes are not effective because duties can come into conflict such as prioritising clients’ interests over the duty to the court. This can give rise to unethical behaviour such as, an advocate acting illegally or outside of the codes to present a more attractive case or unfairly advance a client’s case such as, lying in a bail application.

Nevertheless, the codes ensure that an advocate refrains from such unethical behaviour since, their overriding duty is to the court. Therefore, an advocate must assist the court in the administration of justice and must not deceive or mislead the court. Additionally, the codes informs advocates of the circumstances in which their duties to the court outweigh their obligation to client’s.

Despite the above ethical issues that may arise, the codes ensure ethical advocacy because an advocate can only advocate within the constraints of the ethical rules and Law of Evidence. The Law of Evidence is a constraint because advocates are only permitted to use evidence that is relevant and admissible. The bearing the professional rules have on the practice of advocacy is high because of the way they are enforced. The codes demand high ethical standards and they are underpinned by ‘effective, risk-based supervision and

Additionally, the codes act as a guideline to the public of what they should expect of an advocate. Therefore, parties to proceedings can report advocates unethical behaviour. A person can report a solicitor to the SRA who can take ‘formal enforcement actions’, if they believe they have breached the code. However, the usual procedure would be to complain about an advocate to the Legal Ombudsman a free service who has extensive powers.

The judge will also warn an advocate if they are straying too close to unethical boundaries and advocates have a duty to report another’s unethical behaviour. Furthermore, the SRA regulates not only individuals but also, law firms therefore, a firm will enforce the code and any breaches will be dealt with or action can be taken against the firm itself.

The codes ensure that advocates deliver advocacy appropriate to professional ethics because compliance with the rules are mandatory. The codes encourage ethical behaviour by outlining how advocates ought to behave when faced with ethical issues and provides principles and outcomes that must be achieved. Therefore, the codes educate advocates on their role throughout their career, providing them with a proper understanding of ethics and commitment. The codes are also, readily available and exposure to the behavioural standards accordingly influences advocate’s