Professor Stephen Mayson has raised critical concerns about the legal profession’s current trajectory, where client interests are supplanting the public good.
Professor Stephen Mayson has argued that lawyers have seemingly forgotten their duty to prioritise public interest over client demands, a shift that could tarnish the sector’s credibility. He highlights a disturbing trend where the legal profession could devolve into a ‘noxious’ market if issues like those seen in the Post Office scandal become systemic.
Mayson defines a ‘public’ profession as one where obligations to the public surpass conflicting client duties, granting the profession its esteemed status. He emphasises that this understanding is eroding and needs to be reinstated. His report, ‘Legal Services Regulation: the Meaning of the Public Interest,’ calls for all legal service providers to be uniformly regulated, citing a 2020 review that underscored this necessity.
The 2020 recommendation focuses on safeguarding public interest as the main aim of legal service regulation. Mayson elaborates that public interest involves actions beneficial to current and future citizens, essential for societal stability and participation. Regulatory measures are justified when they ensure societal fabric and citizen involvement.
Mayson critiques the legal profession’s traditional ‘values-neutral’ stance, suggesting it is increasingly scrutinised. He warns that lawyers might exacerbate their challenges by aligning with controversial sectors or openly refusing certain clients. Notable are cases where lawyers represent ‘undesirable’ clients or use legal tactics to suppress public critique, raising ethical concerns.
The issue is exacerbated by revelations of lawyers’ roles in questionable pursuits, such as the Post Office’s actions against innocent individuals. Mayson questions the justification of client-focused duties when outcomes negatively impact public perception.
He argues that continuing such practices could further harm the profession’s image, transforming it into something detrimental. The essence of law and justice relies on its public nature, and lawyers must balance their obligations with societal interests, even within private contexts.
Mayson advocates for greater transparency and accountability, suggesting that open scrutiny of lawyers’ decisions could enhance trust, provided client confidentiality is respected.
He also references Professor Richard Moorhead’s proposal for an independent commission aimed at bolstering honesty and integrity in legal practice, urging a change in lawyer mentality.
Professor Mayson’s insights call for a meaningful shift in legal practice towards a greater alignment with public interest, stressing that the profession’s legitimacy and societal role depend on this balance. He advocates for reform and increased accountability to uphold the profession’s integrity and public trust.
