Exploring professional integrity in the solicitors’ profession in England and Wales

Aim:

This study sets out to explore professional integrity in the solicitors’ profession. This is a crucial part of the profession because it is one of the principles solicitors must adhere to.

Background:

Where solicitors are deemed to have fallen short of the threshold of integrity this can result in disciplinary action and even the closure of the regulated firm and/or an individual solicitor being removed from the Roll of Solicitors. Professional integrity has proven difficult to define and resulted in arbitrary applications of the term in disciplinary Tribunals and Courts. As a member of the profession, I seek to bring about greater understanding of professional integrity and how it affects the solicitors’ profession.

Methodology:

This thesis uses the doctrinal legal research method in addition to two empirical research methods namely surveys and interviews. The interview data from 30 participants is examined through the lens of Constructivist Grounded Theory, whilst Reflexive Thematic Analysis sheds light on the survey data. This is data driven empirical research, with findings that are intended to fill a gap surrounding this legal phenomenon.

Findings:

I have investigated the current definitions and applications of the term professional integrity through the study of existing literature, doctrinal research, empirical research and comparative work. I have compared various professions with the solicitors’ profession primarily focusing on the regulatory frameworks for the medical and barristers’ professions to see what they do, that is different. I have explored with members of the solicitors’ profession the implications of having a principle in the code of conduct which is not defined.

Conclusion:

My data establishes that a definition of professional integrity is required and together with research participants I have formulated a working definition. A solicitor’s actions and words should align with the professional code of conduct. The data reveals that there are different levels of professional integrity: high to zero. Workplace culture needs to improve in the solicitors’ profession according to this research thus recommendations are made. The ‘integrity stagnation’ theory grounded in the data illustrates that professional integrity needs to increase during a solicitors’ career or it will reach stagnation.