CILEx Regulation

Behaving with honesty and integrity

We consider the vital principal of behaving with honesty and reflect that there is always an honest way to proceed and to keep your career intact.

​Our legal system is built on the certainty that lawyers are truthful, sincere and without deceit. It is fundamental to being a lawyer that your clients, colleagues, other lawyers, the courts, other parties and the public can trust you without question. And if you pause to think about it, you will appreciate that you take for granted you can trust those with whom you work and engage in the course of your work - and how vital it is that you can do so.

Principle 3 of the CILEx Code of Conduct

This essential requirement is captured in Principle 3 of the CILEx Code of Conduct, which requires you to behave with honesty and integrity. Outcome 3.1 of the Code requires you to be honest in all your dealings, and Outcome 3.2 says you must not intentionally mislead anyone you deal with.

Unsurprisingly, the absolute importance of the concept of honesty in the legal profession, and Principle 3 of the Code, is reflected in the serious sanctions imposed for breach. A fi nding of dishonesty is very serious and will almost invariably lead to an exclusion from membership. The most serious lapses are likely to result in a long or indefi nite term of exclusion. In a nutshell, any act of dishonesty will certainly tarnish your legal career.

So, what about the surrounding situation when a person behaves dishonesty?

You may speculate that the circumstances might offer some mitigation against exclusion, but no. There is well established case law that neither personal circumstances nor work stress is likely to amount to exceptional circumstances, justifying a departure from an exclusion. And our Disciplinary Tribunal follows this case law when reaching its fi ndings and applying sanctions.

Our Disciplinary Tribunal also considers adverse fi ndings reached by other regulators, and these are likely to be treated as conclusive evidence of misconduct under our rules, again leading to exclusion.

The law is frequently a pressured working environment, with competing demands and sometimes people make mistakes. However, it is the way that a person deals with their mistake that counts.

There will be an honest way to resolve an error. It may be very uncomfortable to own what has happened and might lead to some short-term consequences, possibly with an employer. But it is essential to stop and think, seek help*, report to a senior colleague, and follow internal reporting procedures.

Remember, fi rms have insurance which is likely to assist if there is a financial implication. This way, a person can move forwards honestly, with integrity intact and continue their professional career.

* LawCare offers mental health and wellbeing support.