Introduction
Litigation, including advocacy, is one of the original activities of lawyers in England and Wales. It is now one of the relatively few activities reserved to lawyers by the Legal Services Act 2007.
In a market in which legal activity could be increasingly opened up to competition, litigation is one area that is likely to remain a core and defining activity of lawyers. While many solicitors do no litigation work, and it does not provide the largest revenues, most solicitors’ firms have the capacity to conduct litigation.Together with advocacy, litigation ethics provide the template of professional legal ethics. The core of the duties to clients, on confidentiality and conflicts of interest, are defined in the context of litigation. The adversarial orientation of lawyers, even in transactions, originates in litigation. The expectation that lawyers can serve clients effectively, while preserving wider obligations of integrity and duties to other entities, derives from advocacy and litigation.
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