SRA and Ethics Training

The SRA are consulting on mandatory ethics training for solicitors. The proposal: 3 hours face-to-face, with active participation, led by a solicitor with no regulatory record. With so many SDT cases involving poor ethical choices, clearly something needs to change.

Training is almost certainly a core element of the change management process needed — but not sufficient on its own. The SRA’s proposal looks like a regulator that wants to be seen to do something rather than making a real change.

Seeing the line

Speak to lawyers and there is always a line — and a grey area as you approach the line. Often people do not see the line in the same place. Discussion can highlight these disconnects and, with skill, develop a common view. Clearly social-based learning can help here.

The SRA approach will impact the people who probably are not the problem

With this kind of area there are three types of people:

• People who will always do the right thing.
• People who will do the right thing by default but circumstances may push them to go over to the dark side.
• Some people will do whatever they want and have no problem with “doing the wrong thing” if it is in their own perceived self-interest.

The proposal does nothing to address this trichotomy. It does nothing to make people see that they can and should speak out.

The methodology is simplistic

• Just being a solicitor does not mean you are a good facilitator.
• They are excluding people who could run brilliant sessions.
• No outcome target, so low-impact sessions will be run just to fill the time.
• What does active engagement really mean? If someone has to take a 10 minute phone call, do they pass or fail? 30 minutes?
• No real assurance. People can self-declare and only if checked will they need to say who ran the session and when. What happens when the facilitator has a different record? Or no record?
• Why 3 hours? Why not 12?
• Already hearing clowns talking about their pub meetings with their (legal) mates counting!
• You could run a session talking about how you will not get caught doing dodgy stuff and that still passes the test.