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In the wake of findings that ethical perceptions of law societies have once again decreased, it is incumbent upon our member associations to uphold “high ethical standards, continuing education and rigorous regulatory oversight of our profession”.
Yesterday, Lawyers Weekly reported that the Ethics Index 2019, released last week by Governance Institute of Australia, had found that just over half (54 per cent) of Australians see law societies as being ethical – 37 per cent said “somewhat ethical” and 17 per cent said “very ethical” – while one in five (21 per cent) sees such societies as unethical (16 per cent said “somewhat unethical” and five per cent said “very unethical”).
In response to the findings, Law Institute of Victoria president Stuart Webb said: “I think it is clear that the community generally is losing faith in institutions, and the legal profession is not immune.”
“It is not surprising, though it is disappointing, that the Governance Institute reports a decline in support for associations this year, particularly as the profession and Victoria Police are under the scrutiny of the Royal Commission into the Management of Police Informants currently,” he said.
“We need to stand united – solicitors, barrister and the regulators, to reinforce the high ethical standards, continuing education and rigorous regulatory oversight of our profession.”
Incoming Australian Bar Association president Matthew Howard SC supported this, noting that the findings were troubling.
“Where legal member organisations want to contribute to public debate on topics, they do so most effectively when they have credibility with the audience they are talking to. So, the findings are of concern,” he said.
“The broad majority of lawyers do want their member organisations to have a voice in important public issues. Certainly, at the ABA, the expectations of our members in this regard contribute to the way that the ABA seeks to engage in public debate.”
Looking at the issues more philosophically, Law Council of Australia president Arthur Moses SC mused that law societies are, and must remain, responsible for assisting solicitors to deliver services that are of the highest professional and ethical standards.
“Law societies perform this role through increased emphasis on education, professional development and supporting the profession to comply with the ethical requirements of practice,” he posited.
“Law societies also provide important services that inform and connect members of the community with lawyers. These can include solicitor referral services, pro bono schemes, after-hours assistance in criminal law matters, information guides to finding the right lawyer for the individual’s legal problems and first interview schemes.
“A significant amount of the services which are undertaken by law societies for the benefit of the community [are] often done behind the scenes. Accordingly, the public may not be aware of the significant amount of work which is undertaken for the benefit of the community by law societies and solicitors.”
When asked how best legal member associations can regain the trust of the broader community, Mr Howard said: “Member organisations must always be seen to be bringing an independent, professional perspective to the topic they are speaking on. That means speaking with restraint and always in the public interest.”
Mr Webb supported this, noting that member associations have to engage with the broader community to uphold the importance and benefits of membership.
“Member associations are a key focus point for advocating for justice on behalf of the broader community, as well as upholding the highest standards of the profession. Member associations need to continue to communicate to the broader community to reinforce the value of membership. This includes by promoting specialist services and qualifications such as our legal referral service, ethics and practice support service and our accredited specialist program,” he said.
Ultimately, Mr Moses espoused, “member associations for the legal profession continuously work to build and maintain the trust of the broader community through being open to self-growth and improvement".
Queensland Law Society was also approached for comment but had not replied as of the time of filing this story.
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Jerome Doraisamy is the managing editor of Lawyers Weekly and HR Leader. He is also the author of The Wellness Doctrines book series, an admitted solicitor in New South Wales, and a board director of the Minds Count Foundation.
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Jerome Doraisamy
