7. Fees

This chapter focuses on legal fees. It discusses the ways in which lawyers charge fees and the different ways of funding legal costs. It goes on to consider the ethical aspects of fees. The chapter covers conditional fee arrangements (CFAs) and speculative fees, legal expense insurance, hourly fees, and legal proceedings to recover fees. It also discusses legal aid.

6. Conflicts of interests

This chapter discusses the ‘conflicts of interest’ principle. It explains the principles that underpin the no-conflict rule. It consider the obligations under the professional codes of conduct for the rule. The chapter also explores the ethical basis for the principle and exceptions to it. The chapter looks too at some of the case law on how lawyers should avoid conflicts of interest.

14. Gender, race, and diversity in the legal profession

This chapter examines the issue of diversity in the legal profession. It first explains the meaning of diversity and the reasons why it should be promoted. It reviews the current status of the profession in terms of diversity. It considers diversity rules in the Equality Act 2010, Solicitors Regulation Authority (SRA) Handbook, and the Bar Standards Board (BSB) Handbook. Barriers to diversity and steps to promote diversity are also discussed.

2. The social context of the legal profession

This chapter looks at lawyers in a broad social context. Lawyers hold a position of privilege within society by virtue of their knowledge about the law. It explores why lawyers have this special status and the role that they play in the broader society. It shows that the legal profession is under challenge from a number of directions.

13. Lawyers’ social responsibilities

This chapter examines the responsibilities that lawyers have to society and the greater good. While the professional codes tend to focus on duties to clients, there are some limited duties to the public good. These are found in the duties under the criminal law, and the broader duty to the court and justice system. Lawyers also recognise an obligation to the greater good by means of their pro bono work. However, this is not undertaken by every lawyer.

10. Alternative dispute resolution

This chapter examines the ethical issues raised by alternative dispute resolution (ADR). It first looks at the process of negotiation, which is the way in which lawyers resolve most disputes. It then considers other forms of ADR, including mediation and, briefly, arbitration. The chapter highlights the advantages and disadvantages of these processes. It also considers what attracts clients to use these forms of dispute resolution.

5. Confidentiality

This chapter discusses the principle of confidentiality. It explains the protection of lawyer-client communications and it discusses professional guidance on confidentiality. It goes on to examine the rule of legal professional privilege and the circumstances in which lawyers have a duty to disclose. The chapter discusses when a lawyer is permitted to breach confidence. In doing so, it looks at the broader ethical foundation for the duty of confidence.

1. Ethical theories

This chapter sets out some general theories about ethics. How do we judge what is the right thing to do? What makes a decision morally justifiable? What makes a person good? It considers some ethical disagreements and describes some of the general ethical approaches that are taken to ethical dilemmas. It then addresses the question of whether lawyers’ ethics are any different from others. Finally, it looks at how legal training and legal practice has taken the ethical obligations of lawyers more seriously.

12. Business ethics

This chapter examines the issue of business ethics. It first explains why business ethics matter. It then considers the notion of notion of corporate responsibility, and sets out policies and practices to ensure that businesses have an ethical dimension to their decision-making. The chapter explores the role of businesses in promoting worldwide social goods. It also considers the role of the lawyer in helping businesses to behave in an ethical way.

11. Third parties

This chapter explores how lawyers can balance their obligations to promote their clients’ interests and their obligations to third parties. While there are circumstances in which duties are owed to third parties, these are limited. The law and ethical codes struggle to ensure that, even when these duties are imposed, they are not used to undermine the relationship between lawyer and client. The regulations ensure that the lawyer never acts against the best interests of the client.