BUSINESS LAW AND ETHICS
Contents
Introduction ..................................................................................................................................... 3
1. Are the customers greeting real access to the justice or simply reaped off by unwarranted
legal fees?.................................................................................................................................... 4
2. Discussion on the legal profession in England from ethical perspective................................ 5
Conclusion ...................................................................................................................................... 7
References ................................................................................................................................... 8
Introduction
Legal service in England is squeezing for high service charges and increasing number of disputes
in the courts. Weak structure and ethical practice make it more difficult for the common people
to take the service of the legal system. Court in some cases is setting the charges of the lawyers.
Justice and right of the people must be ensured by strong ethical stance among the lawyers.
Confidentiality must be ensured.
1. Are the customers greeting real access to the justice or simply reaped off by
unwarranted legal fees?
Legal practice in England is rigid and most of the participants and citizens of the country
experience the different facilities in the legal system in the country. Practice of legal systems is
different in the British law and it makes the difficulties in the right justice to be mentioned for
the people in the country. Based on the legal fees structure of the barrister or solicitors, victims
must bring the higher cost to the legal person as fees. However, amount of the claims must
decide the level of fees to the solicitors or barristers. Besides the activities of the legal persons
are different and so they try to maximize the fees charged for the clients. Increases in court
charges, early closures and legal aid make it difficult for the participants to access to the right of
the people through the means of the court system in England. Barriers to the access to the justice
might affect the income, family and social status of the people of the country. There is a financial
binding on the eligibility of the beneficiary of the legal aid from the customers. Some of the high
performing legal service firms are providing the service at loan after winning the cases cost must
be brought by the defendants (Bila, 2019). Highly paid solicitors or reputed law firms in England
makes it possible to access to the justice but that needs much expenditures. It is more often a
difficult task for the lawyers to deal with ethical dilemma regarding success fees or rate of win in
cases in the field over time. Conflict of interest might arise when a solicitor or firm of solicitor
act for two or more clients simultaneously. This will raise ethical dilemma. If the solicitors
accepted the confidential information of the clients during the dealings for the case before, it is
mandatory for the solicitors not to act against the clients prior his or her permission. At the same
time dealing with two clients who have conflict of interest is not legal or ethical which makes it
difficult for the clients to right to the justice of the citizen. Barristers or solicitors must not work
for both the clients at the same time and use the data of clients against the plenty of the other
clients (Pleasence et al., 2004). Defendants in the case in England who should have the legal aid
without any fees or charges are advised to consult a firm for which the court has set the legal
charges for the clients and the firms which make it difficult for the clients to right to access to the
legal shelter in England. Lawyers in England charges a very high rate of fees and uncertainty
charges form the clients or high success fees based on the values of the winning of the cases
impede the access to the justice of the country. Legal education and legal advice are not
sufficient. High court and tribunal fees in England de motivate the people to get service of legal
system in England. Bureaucracy and time consuming system make it difficult to take legal
service (Loyola, 1931). The reason for demoralizing the people to access to the justice can be
understood from the following case:
“I have been working as solicitor in England for more than a decade. In the previous days people
come to me to take advice on dispute settlement of rent or housing problem while they are
getting notice that and lord is going o the court. They come to me and take advice to solve the
issues. But now they are not responsive, they come to us when they are being called to meet the
court to solve housing related problems (Steyn, 1996). This puts to increase the number of cases
in the country and ultimately reduces the possibilities of the justice to the people who are
actually victims.”
2. Discussion on the legal profession in England from ethical perspective
Ethics in the profession must comply with the needs and demand of the people of the particular
section of the society. Right theories state the right of the people should be ensured in every
section of the society. While justice theory states the fairness in dealings with the case of the
clients of the case (GOODRICH, 1992). Kantian ethics exposes that doing good is not possible
without facing any limitation in the work. So, it is very easier to understand that in professional
practice in the legal system must abide by the rules set by the legal body and some limitations
must be faced (Barrows, 1904). In the legal practice of England ethical behavior is the expected
behavior of the profession in legal system in England. Lawyers must serve the benefits of the
clients. Justice must be ensured. Solicitors’ regulatory act must be followed that ensure the right
of the clients. Problems being faced in the current scenario of legal system in England can be
solved by the adopting new policies in the legal system or strictly followed professional ethical
guidelines so that defendants can get solution from the legal practice in the country (GoodwinHawkins, 2017). To get rid of the problem, the solicitors or the barristers must follow the
following ethical guidelines:
1. Must act in such a way that will ensure the administration of justice and principle of law
adopted by the government (Curran, 1966).
2. Clients should get confidence on the legal practitioners so that they discuss the issue and
public interest can be saved.
3. Diversity and equality of the laws must be ensured by the lawyers and confidential
information must e protected (Nokes, 1965).
4. Integrity, honesty and ethical strength must be maintained in any decision and dealings of the
case.
In the professional dealing the solicitors or the barristers may face the problems of non
disclosure of private information to the UK legal authority and act on behalf of private clients or
company of the legal firms (Economides and Sampford, 2003). The court in England believes
that the number cases in England are high that leads to the higher cost of the legal service in
England. Besides the cost of the legal services and access to the justice in England are going to
be limited day by day (Macgregor, 1904). The issues keeping the records confidential and
managing the risk of profession by being punctual and efforts to lead the clients’ winner must be
focused. Just because of the unnecessary charges or misleading judgment can discourage the
people from the cases being placed to the court (Griffiths-Baker, 2007). Ethical judgment must
be used to decide the case to be taken and rights to be ensured to the victims. No unnecessary
charges to be made to the clients that can hinder the entrance to the service of legal system under
the law of England. A case unnecessary charge is following:
“I have been assessed as having too much disposable income in spite of having very low income
of mine. In spite being unable to pay the full charge of the case you are expected to pay the full
charge of the solicitors which is unfortunate. This hinders me affording the cost and takes the
service o legal system of England (Haynes, 1914)”
Development of the management information system and acquisition approach might start the
process of reducing the ethical constraints and solve most of disputes. So, number cases will be
reduced in the organization (England, England and Coggon, 2007). For the legal firms in
England they can use the following MIS development and acquisition approach to collect the
necessary information for the organization to reduce the cost of the company (Haynes, 1914).
Figure 1 MIS development process (Bila, 2019)
The development of the information system has reduced the cost of the disputes and service
charges and increases the confidentiality of the organization. The following case can depict the
scenario:
“UK government has introduces online court system to solve the dispute of family divorce or
separation. It has no direct government support and it paves the way of solving multiple cases
very successfully through the collection of the data by online sources at minimum cost. But who
are unfamiliar with the modern technology still needs supports to get legal service directly.”
Conclusion
Legal service of any country is the fundamental rights of the people. But changes in the structure
of legal system can charge more cost and difficulties with rigid system and burden on the clients
in the society. Settling disputes and preserving the access to the justice should be the prime
objective of the national government. Ethical ground of the practitioners in legal systems can
play the significant role and modern information system can largely solve the issues success
fully.
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