Written by Concerns over ethical misconduct and power imbalance in legal proceedings
A leading charity has urged regulators to warn lawyers against exploiting vulnerable individuals who lack legal representation, calling for firmer action to prevent unethical practices. The plea comes from Rights of Women, a charity providing free legal advice to women and girls who have experienced violence and abuse.
Highlights from the Legal Services Board (LSB)
Olive Craig, senior legal officer at Rights of Women, expressed particular concern over the treatment of women litigants in person (LiPs) facing adversarial tactics in family court proceedings. Addressing the Legal Services Board (LSB), Ms Craig shared worrying examples of lawyers who used aggressive litigation strategies to the detriment of unrepresented individuals. She highlighted that these tactics often exacerbate the existing power imbalance between represented and unrepresented parties, further undermining the fairness of the justice system.
“Too often, lawyers hide behind their instructions as if it justifies all manner of behaviour,” said Ms Craig, herself a solicitor. “We’ve seen instances where conduct falls on the wrong side of the line, including applying for orders solely as a tactical manoeuvre and drafting orders that misrepresent the judge’s decision.” This type of conduct not only hampers access to justice for the vulnerable but also undermines trust in the legal profession as a whole.
The charity highlighted numerous examples of these unethical practices, such as lawyers commissioning unregulated psychologists as single joint experts without notifying the court, creating an unfair disadvantage for litigants in person. “It is completely unreasonable to expect an unrepresented party to understand the legal arguments involved, particularly when they may be dealing with trauma or other vulnerabilities,” Ms Craig added. Many litigants in person are already at a disadvantage due to their lack of legal knowledge, and facing experts whose credentials are unclear only makes their situation more precarious.
LSB’s Response to Concerns
Rights of Women’s concerns resonate with the Legal Services Board, which oversees regulators of the legal profession. Following Ms Craig’s presentation, LSB chair Alan Kershaw described a “sobering discussion about professional ethics”, adding that the board was “deeply concerned about the aggressive litigation tactics that some unrepresented women faced”. He noted that such tactics are particularly damaging in family law cases, where emotions run high and the stakes are often deeply personal, involving children and ongoing familial relationships.
Mr Kershaw stressed the board’s commitment to ethical practices, asserting: “We are determined to ensure that regulation supports ethical decision-making and that any weaknesses in the regulatory framework are addressed.” He emphasised that unethical behaviour by lawyers not only damages individual lives but also weakens public trust in the legal system. It is crucial that all legal professionals adhere to their ethical obligations to maintain the integrity of the judicial process.
Recent Legal Services Board meetings, such as the one held in September 2024, have continued to focus on ethical conduct and systemic changes required to support vulnerable litigants. According to the minutes of the September meeting, the Board discussed ways to improve transparency and accountability, including the introduction of clearer regulatory standards and stricter oversight of professional conduct. The Board also agreed to focus on enhancing the support available for litigants in person, reflecting a broader commitment to reducing the inherent disadvantages faced by unrepresented individuals.
The Bigger Picture: Access to Justice
Rights of Women’s testimony points to a wider problem with access to justice in the UK. The charity has argued that the conduct of some lawyers, exploiting their ability to directly communicate with judges and draft court orders, often creates a power imbalance against litigants in person. This imbalance is compounded by the fact that many litigants are simply unaware of their legal rights or the implications of legal documents presented to them. The lack of transparency and understanding can lead to outcomes that are neither just nor equitable.
The Legal Services Board’s 2024 Individual Legal Needs Survey revealed that almost a third of those involved in legal disputes did not adequately resolve their issues, with vulnerable individuals often left without support. “Too many people in England and Wales do not get the help they need when faced with a legal problem, particularly if they are on a low income or in a vulnerable situation,” noted Mr Kershaw. He further highlighted that access to justice is a fundamental right, and the current system often fails those who are least equipped to navigate it on their own.
Calls for Action
Legal regulators have a statutory obligation to promote the public interest and uphold the rule of law. Rights of Women is now calling on those regulators to do more, issuing warnings to lawyers who cross ethical lines and reminding them of their duties to both the court and the public. “If regulators are willing to take action and lawyers know it, they can fall back on those standards to avoid unethical conduct,” emphasised Ms Craig. The charity believes that a stronger regulatory stance would provide lawyers with a clear framework within which they must operate, preventing them from exploiting vulnerable individuals.
The Legal Services Board has vowed to continue working towards a legal environment where lawyers act with independence, integrity, and honesty. In an increasingly complex and pressurised legal landscape, vulnerable people must be able to rely on fair treatment from the legal professionals they face. This includes ensuring that legal processes are explained in accessible terms and that unrepresented parties are not left at a disadvantage simply because they cannot afford representation.
The October 2024 meeting of the LSB included key decisions aimed at enhancing access to justice. Notably, the Board approved measures to streamline the Solicitors Disciplinary Tribunal budget for 2025, reflecting a commitment to maintaining financial prudence while ensuring regulatory bodies have the resources needed to enforce standards effectively. The Board also focused on upcoming regulatory performance evaluations, ensuring that frontline regulators continue to adhere to high standards and work towards equitable outcomes for all participants in the legal process.
Looking Forward
As the Legal Services Board continues its work, the focus remains firmly on ensuring that regulation supports access to justice and meets the needs of society, particularly for those facing systemic disadvantages. Building on discussions held during the September meeting in Bristol, the Board is committed to implementing practical measures that will make a tangible difference for litigants in person. These measures include providing clearer guidance for judges and lawyers when dealing with unrepresented individuals and improving access to legal advice at the earliest stages of a dispute.
Rights of Women has also called for better training for lawyers to ensure they understand the impact of their actions on unrepresented parties. Ms Craig argued that while lawyers are trained to advocate zealously for their clients, they must also be reminded of their duty to the court and the principles of justice. “We are not suggesting that lawyers shouldn’t do their best for their clients,” she said, “but there are ethical boundaries that must not be crossed, especially when dealing with someone who is unrepresented and vulnerable.”
The Legal Services Board has indicated that it is considering new guidelines to ensure that all lawyers are aware of their responsibilities when dealing with litigants in person. These guidelines are designed to promote fairness and transparency, and to prevent the kinds of tactics that have been criticised by Rights of Women. By establishing these standards, the LSB aims to restore public confidence in the fairness of the legal system.
Furthermore, the LSB’s ongoing work includes addressing systemic issues such as the use of unregulated experts in family courts and the ethical implications of using NDAs to silence vulnerable individuals, as highlighted in recent public inquiries and news updates. There is also an increasing focus on integrating environmental, social, and governance (ESG) principles into legal practice, supporting ethical decision-making across the sector.
Key Takeaways:
- Lawyers have been warned to refrain from taking advantage of vulnerable litigants in person, particularly those without legal representation.
- Rights of Women and the Legal Services Board are highlighting ethical concerns and urging regulatory action to prevent misconduct.
- A significant number of people in England and Wales face legal challenges without receiving adequate support, and legal regulators are being pushed to address this unmet need.
- The Legal Services Board is committed to addressing weaknesses in the regulatory framework to ensure lawyers adhere to ethical standards, especially when dealing with vulnerable individuals.
- Upcoming discussions will focus on practical solutions to improve access to justice for those facing systemic barriers, including clearer guidance for legal professionals and improved early-stage legal advice.
- Ongoing efforts include integrating ESG principles into legal practice and scrutinising the use of unregulated experts and NDAs to ensure justice and ethical conduct.
References
- Legal Services Board Meeting Minutes, September 2024. [Accessed from internal LSB records]
- Legal Services Board, Individual Legal Needs Survey 2024. [Published by the LSB]
- Decision Note, October 2024 LSB Meeting. [LSB Document Reference]
- Rights of Women Presentation to LSB, September 2024. [Internal presentation materials]
- LSB Regulatory Performance Evaluation Report, October 2024. [Published by the LSB]
Disclaimer
The information contained in this article is based on reports, meeting minutes, and other materials from the Legal Services Board and Rights of Women as of 15th November 2024. The content reflects concerns and regulatory actions discussed up to this date. For the most current updates or legal advice, readers are encouraged to consult relevant legal authorities or professional advisers.