This essay is going to inform you on the ethics and regulations of the legal system. It will include for and against arguments per evidence of points from textbooks, statutory and journals. The essay will also compromise positive points of the legal code of conducts and why and how professional morals or personal belief should not be brought into the profession. Furthermore, it will then be followed by a conclusion on whether I believe the English legal system codes of ethics are in the best forms and are suitable, reflective, organised and effective for the profession with support of the 2007 legal services board legislation.
Historically, it was believed that the legal system was not as efficient or organised as it is today. As of today, it requires a lot of qualifications and experience to become either a solicitor, barrister or judge but anciently it did not require much qualifications, as your connections and money could get you into any position. Therefore, it constituted to bad judgement on cases since experience was lacked. ‘No social authorities was desirous- or even capable- of enforcing respect for them; and for individuals finding a competent court would have been the first difficulty; proceedings were dominated by appeals to the supernatural and by a system of non-rational proof; the execution of judicial decisions was not assured’1.
'In the middle ages, judges and juries faced both physical and financial incentives to cater to the preferences of local feudal lords. “A celebrated statement in the Yorkshire Eyre roll of 1294 stated that ‘Justice and Truth are completely choked,’ as a result of the way in which influential men manipulated legal proceedings.” (Prestwich 1997, p. 283)'2. In other words, in those days their system was not properly regulated and corruption, injustice and equality was the most common thing in the system, by wealthy people using their influence and money to get out of trouble and it was not easy for the poor to seek justice or given a fair judgment in cases that they bring courts especially if it is against an influential person.
The respect for lawyers has reduced over the years, Obeisance used to be always paid as society respected and regarded professionals. ‘There used to be deference towards professionals. They used to be considered to be within special category within society. I am not saying that that was a good thing, but it no longer exists.’3
David, R and Brierley, E.C, ‘Major Legal Systems in the World Today: Period of Origins’, (English edition, Steven & Sons LTD, 1968) 25
Glaeser, L. Edward and Shleifer, ‘Legal Origins’ (2002) http://www.nber.org/papers/w8272 4
Goldsmith, J. ‘Core values of the legal profession for lawyers Today and Tomorrow: The Symposium on the Globalization of the Legal’ (2007-2008) http://heinonline.org/HOL/Page?handle=hein.journals/nwjilb28&div=20&g_sent=1&collection=journals 445
'With the loss of deference towards certain classes in society, there had arisen a distrust about allowing people to regulate their own affairs. Part of it comes inevitably from ‘economics rules all’'4. As a result the legal board bill was enacted in order to regulate the operations of the legal system. 'When the market rules, its values alone are the ones by which we are all judged.'5 Some professionals in the legal system care more about their pockets rather than working towards the main aim of the legal system which is equity and justice.
The legal regulations are believed to protect professionals and clients to certain advantage measures in the profession. The regulations are also there to ensure that barristers or solicitors are in favour of their clients at all times by recommending or advising them on what to say and what not to say and informing them on what is best for them in the different issues they