The handling of cases under the Coal Health Compensation Schemes, set up in 1999 to compensate miners suffering from workplace medical conditions, resulted in over 100 solicitors from more than 30 firms facing disciplinary proceedings. Three were struck off, three suspended and over forty fined following the largest investigation ever mounted by the regulator. This article examines the political and regulatory context of the scandal, describes one of the cases presented to the Solicitors' Disciplinary Tribunal and examines the relevance of (...) theories of transgression to professional disciplinary matters. It concludes by considering the regulatory impacts and implications of the scandal. (shrink)

Roles and values -- Institutions and organisations -- Regulation and discipline -- The relationship -- Conflicts of interest -- Confidentiality and privilege -- Thir parties (non-clients) -- Social responsibility -- Professional responsibility -- Litigation and advocacy -- Settlement -- Commercial practice.

In today's society some have argued that the legal profession's codes of conduct are a hodgepodge of rules without any clear ethical basis. In this text, Boon and Levin systematically address this compelling issue. Some of the major questions raised are as follows: Is self-regulation crucial to the survival of the legal profession? What fundamental philosophical principles govern ideas of professional conduct? Are the present codes regulating solicitors and barristers consistent with these principles? And, looking forward, are they appropriate when (...) the legal profession faces radical social, political and economic change? While this text focuses on the dynamics of the justice system in England and Wales, the overall issue of ethics and conduct in regards to law holds worldwide interest. Students, teachers and practitioners will find this the first comprehensive and interdisciplinary guide to and analysis of professional conduct and ethics. (shrink)

This article analyses the regulatory handbooks produced by the new regulators for solicitors and barristers, the main legal professions in England and Wales, following the Legal Services Act 2007. It focuses on the new codes of conduct and the 10 high-level regulatory standards that are a feature of each handbook. The article examines the ways in which key interests have been dealt with in the handbooks from the perspective of the historical narratives of the legal professions and their publications, including (...) their previous codes of conduct. It is found that the barristers’ and solicitors’ codes project different ethical orientations towards the supposedly universal ‘standard conception of the lawyer’s role’ based on the principles of neutrality and partisanship. The origins, meaning and significance of the high-level standards are considered. They are found not to reflect the content of the codes of conduct or to communicate cherished elements of the professions’ historical narratives. It is argued that this is problematic in terms of the professional functions of regulation, education and communication. (shrink)