Conclusion
Historically, a range of controls have been used to regulate the legal profession. Codes of conduct provide the standards against which the behaviour of the individual was measured and reinforced the idea of individual responsibility.
Ethical compliance depended on a twin strategy of training and deterrence. The deterrent effect of discipline depends on ethical infractions being detected through audit, or as a result of references from public authorities, such as courts, clients or other lawyers. The weakness of a system that operates on deterrence principles is that there is no systematic approach to finding breaches of the rules. Relying on information received is random at best and unlikely to detect certain kinds of infraction.A new regime of regulation was introduced following the Legal Services Act 2007 (LSA 2007). It promised a version of self-regulation overseen by a public agency, the Legal Services Board. Partly in order to accommodate ABS, the SRA, the regulator of solicitors, adopted a scheme of Outcomes Focused Regulation. This was said to focus on regulatory risks and on securing compliance rather than on deterrence. More significantly, the new regulatory system marked a change from occupational professionalism. By focusing on entities rather than individuals it encourages organisations to adopt a more hierarchical and less collegial form.
230 S Laville, ‘May to publish police ethics code after Mitchell row’ The Guardian 24 October 2014.
231 J Evetts, ‘The Management of Professionalism: a Contemporary Paradox’ (2005) Economic and Social Research Council (www.tlrp.org/dspace/retrieve/1858/paper-evetts.pdf).
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