Upholding Professional Ethics

In recent years we have seen a growth in the use of SLAPPs. The key aim of a SLAPP is to prevent publication of, or remove from the public domain, information that relates to a matter of public interest. SLAPPs are a misuse of the legal system.

In April 2024, we published the result of our Thematic Review on SLAPPs. In May 2024, we updated our warning notice on SLAPPs. Most recently, in March 2025, we published a statement on our approach to SLAPPs cases.

In the vast majority of cases, non-disclosure agreements (NDAs) provide a legitimate legal means for protecting the interests of a business or individual. They can restrict the disclosure of specific sensitive, commercial or confidential information. When used properly, such agreements can operate to the mutual benefit of both parties. While these agreements can be standalone, they are commonly put in place as part of the settlement of employment, commercial or other disputes.

However, NDAs can be used to restrict the disclosure of misconduct to a regulator or restrict reporting of a criminal offence to the police. While such clauses would, in practice, be unenforceable, their inclusion can still have a significant detrimental effect on the person signing the NDA and in public trust in the legal profession.

In August 2023, we published the results of our Thematic Review on the use of NDAs in workplace complaints. In August 2024, we updated our warning notice on the use of NDAs.

A solicitor is first and foremost an officer of the court. A solicitor's duty to the court may override other duties or principles, such as the duty to act in a client's best interests.

In-house solicitors face a unique set of challenges in their work. In instances where a solicitor’s responsibilities to the court come into conflict with their employer’s priorities, they might feel pressured to act in an unethical way.

In March 2023, we published a thematic review addressing the challenges facing in-house solicitors.

In November 2024, we published the following guidance for in-house solicitors:

• Understanding in-house solicitor's professional obligations as an employer.
• Identifying your client when working in-house.
• Legal professional privilege when working in-house.
• Key points for governing boards, chief executives and senior officers in organisations employing in-house solicitors.
• Reporting concerns about wrongdoing when working in-house.

We have also published a Hot Topics page on working in-house.

A conflict of interest arises where a solicitor has separate duties to act in the best interests of two or more clients, and their clients’ interests are in conflict. An own interest conflict of interest arises where the work a client asks a solicitor to carry out conflicts with the solicitor’s own financial interests or the interests of a friend or relative. An own interest conflict of interest can also arise when a solicitor is asked to act against the interests of their employer, because the solicitor might feel that this threatens their own employment.

In November 2019, we published guidance focusing on own interest conflicts of interest. In March 2020, we published updated guidance on conflicts of interest.

Solicitors play an important role in the functioning of the immigration system through their involvement in giving advice and assisting with applications and appeals on their client’s behalf. A solicitor who is involved in the falsification or fabrication of information relating to an application or an appeal undermines public trust in both the legal profession and the effective administration of immigration and asylum law.

In July 2024, we published a Thematic Review of asylum legal services. This refers to an earlier Thematic Review into immigration services (November 2022), updated guidance on performing immigration work (November 2022) and a warning notice regarding solicitors potentially advising clients to falsify or fabricate information to support their applications (September 2023).

Unethical behaviour includes the situation where a solicitor abuses their professional position to initiate or pursue an improper sexual or emotional relationship or encounter with a client, a colleague or anyone else.

In September 2022, we published guidance on sexual misconduct.