1.2 Money launderingCompliance with money laundering legislation is considered by the Law Society to be one of the biggest challenges for lawyers. Over the past 10 years, the issue has been addressed in legislation at both national and European level, with several different laws imposing obligations on lawyers. These changes are a necessary exception to a lawyer`s ethical obligation to client confidentiality. The right to a fair trial, now enshrined in Article 6 of the European Convention on Human Rights, includes the right to a trial conducted in accordance with recognised principles of conduct for litigants and lawyers. The parties to the dispute can rely on lawyers – from all parties – to conduct the proceedings in accordance with accepted ethical principles. Although they are now enshrined in professional codes and subject to constant review and refinement, the basic principles of legal ethics have prevailed for many centuries. They have existed at least since the Middle Ages and probably since time immemorial. They have stood the test of time. These fundamental ethical principles for litigants and lawyers ensure a legal system that operates in the public interest and provides for a fair and equitable trial for all those who appear before the English courts. A passage from Lord Bingham MR`s judgment in Bolton v. The Law Society [1993] EWCA Civ 32 gives an idea of the considerations taken into account when a solicitor (or barrister) appears before a disciplinary tribunal: “Since [disciplinary tribunal] orders are not primarily punitive, it follows that considerations that might normally affect the mitigation of sentences have less influence on the exercise of that jurisdiction than on the normal course of events.

penalties imposed in criminal matters. It often happens that a lawyer who appears in court can present a plethora of glowing honors from his professional brothers. He can often show that for him and his family, the consequences of removal or suspension would be downright tragic. Often, he will say convincingly that he has learned his lesson and that he will not reoffend. When requesting restoration after deletion, all of these points can be cited, and the former lawyer may also be able to point out actual efforts to recover and restore their reputation. All these questions are relevant and must be taken into account. But none of them addresses the essential problem, which is the need to maintain well-founded public confidence that any lawyer they hire will be a person of undeniable integrity, honesty and reliability. Therefore, it can never be an objection to a stay order in an appropriate case that the lawyer is unable to resume his practice after the suspension period has expired. If this is or is likely, the consequences for the person and their family may be deeply regrettable and unintentional. But that doesn`t make suspension the wrong order if it`s otherwise correct. The reputation of the profession is more important than the fate of an individual member. There are many advantages to belonging to a profession, but it is part of the price.

Peter MacFarlane in “The Importance of Ethics and the Application of Ethical Principles to Advocacy” [Peter MacFarlane. The Importance of Ethics and the Application of Ethical Principles to the Advocacy, // Journal of the South Pacific Law. Volume 13 No. 1, 2009. www.paclii.org/journals/fJSPL/vol06/8.shtml] stresses the importance of applying ethical principles in advocacy. It pays particular attention to codes of ethics and standards of professional practice. The issue of ethical responsibility and duty is an integral part of the legal profession. The Courts and Legal Services Act 1990 also established the Office of the Legal Services Ombudsman, whose role is to ensure that professional bodies in both sectors of the modern profession conduct fair, thorough and effective investigations into public complaints about their members.

The Ombudsman prepares a public report in response to a complaint and, although the Ombudsman`s recommendations cannot be implemented, he may publish any breach of his orders. Given the history of complaints against lawyers described above, it is perhaps not surprising that the most common of all complaints received by the Ombudsman involves lawyers` fees.