How law firms and individuals conduct themselves is vital in protecting the public interest and ensuring that we have a justice system that works for all people regardless of their means, producing fair outcomes for all.
Our Code of Conduct sets out the principles that those we regulate must adhere to in their conduct, practice and professional performance, and the outcomes they must meet. It applies to all those regulated by CILEx Regulation wherever they work.
Conduct in Disputes – new CRL guidance issued (March 2022)
There has recently been much greater focus on potential misuse of the legal system, with a particular focus on the use of so-called strategic litigation against public participation (SLAPP). Their use by the super-rich, such as Russian oligarchs, has now come under the spotlight because of the impact they can have on clients with less resources and on freedom of speech.
CILEx Regulation believes that it is important that all regulators provide a consistent message on issues such as these that affect the legal sector and so has now issued its own guidance on conduct in disputes. This is based on the recently updated SRA guidance so the expectations of CILEX members, whether they work in a CILEX Authorised Entity or an SRA firm, will be the same.
The new guidance reminds firms and individuals of their duty to report misconduct and is clearly linked to the principles and outcomes in the CILEX Code of Conduct. The Government has launched an urgent call for evidence in response to the challenges presented by the increasing use of this type of litigation. The measures proposed by the Government include a possible cap on recoverable costs amid mounting concern about the apparent use of defamation and privacy laws by wealthy individuals and businesses. This closes on 19 May 2022.