Introduction to legal services and regulation - Regulatory objectives and professional principles

Learning Outcomes

After reading this article, you will be able to identify and explain the regulatory objectives that underpin legal services regulation in England and Wales, and describe the core professional principles required of solicitors and other regulated lawyers. You will understand how these objectives and principles guide ethical conduct, support public trust, and ensure the proper administration of justice—essential knowledge for SQE1.

SQE1 Syllabus

For SQE1, you are required to understand the regulatory objectives and professional principles that govern legal services in England and Wales. These underpin the ethical and professional standards expected of solicitors and other regulated legal professionals. In your revision, focus on:

  • the regulatory objectives set out in the Legal Services Act 2007
  • the role of the Legal Services Board and approved regulators
  • the professional principles required of authorised persons
  • how these objectives and principles guide ethical legal practice and public confidence
  • the relationship between regulatory objectives, professional principles, and the SRA Standards and Regulations

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. What are the eight regulatory objectives set out in the Legal Services Act 2007?
  2. Which body oversees the regulation of legal services in England and Wales?
  3. Name three professional principles that solicitors must follow in their practice.
  4. True or false? The regulatory objectives only apply to solicitors, not to other regulated legal professionals.

Introduction

Legal services in England and Wales are regulated to protect the public, uphold the rule of law, and maintain high standards of professional conduct. The Legal Services Act 2007 introduced a set of regulatory objectives and professional principles that guide the work of solicitors and other authorised persons. Understanding these objectives and principles is essential for SQE1 and for ethical legal practice.

Regulatory Objectives: The Basis of Legal Services Regulation

The Legal Services Act 2007 sets out eight regulatory objectives that apply to all approved regulators and the Legal Services Board. These objectives shape the regulation of legal services and guide the behaviour of solicitors and other authorised persons.

Key Term: regulatory objectives
The statutory goals set out in the Legal Services Act 2007 that guide the regulation of legal services and the conduct of authorised persons.

The regulatory objectives are:

  1. Protecting and advancing the public interest
    Legal services must be provided in a way that benefits society as a whole, not just individual clients.

  2. Supporting the constitutional principle of the rule of law
    Lawyers must act to uphold the law and ensure justice is accessible and applied fairly.

  3. Improving access to justice
    Regulation should make legal services available and affordable for all, including through legal aid and pro bono work.

  4. Protecting and advancing the interests of consumers
    Clients must be treated fairly, with clear information about services, costs, and complaint procedures.

  5. Encouraging competition in the provision of legal services
    Regulation should encourage a diverse and competitive legal market, supporting innovation and choice.

  6. Encouraging an independent, strong, diverse, and effective legal profession
    The profession must be robust, impartial, and reflect the diversity of society.

  7. Increasing public understanding of citizens’ legal rights and duties
    The public should be informed about their legal rights and responsibilities.

  8. Fostering and maintaining adherence to professional principles
    All authorised persons must act with integrity, independence, proper standards, and in the best interests of clients.

Key Term: Legal Services Board (LSB)
The statutory oversight regulator responsible for ensuring that approved regulators meet the regulatory objectives set out in the Legal Services Act 2007.

Key Term: approved regulator
A professional body authorised under the Legal Services Act 2007 to regulate a specific branch of the legal profession (e.g., SRA for solicitors, Bar Standards Board for barristers).

Professional Principles: The Standards for Ethical Legal Practice

The Legal Services Act 2007 also sets out professional principles that all authorised persons must follow. These principles are reflected in the SRA Standards and Regulations and underpin ethical legal practice.

Key Term: professional principles
The core ethical standards required of all authorised persons, including acting with integrity, independence, proper standards of work, in the best interests of clients, and maintaining client confidentiality.

The main professional principles are:

  • Acting with independence and integrity
  • Maintaining proper standards of work
  • Acting in the best interests of clients
  • Complying with duties to the court and the administration of justice
  • Keeping client affairs confidential

These principles apply to all regulated legal professionals, not just solicitors. They are designed to ensure that lawyers act ethically, support public trust, and uphold the rule of law.

How Regulatory Objectives and Professional Principles Work Together

The regulatory objectives and professional principles are not just theoretical—they guide the day-to-day work of solicitors and other authorised persons. Regulators, such as the SRA, must act in a way that is compatible with these objectives and principles when setting rules, supervising lawyers, and taking enforcement action.

Key Term: SRA Standards and Regulations
The rules and principles published by the Solicitors Regulation Authority that set out the ethical and professional standards expected of solicitors and regulated law firms.

Worked Example 1.1

A solicitor is asked by a client to keep quiet about a planned action that may break the law. The solicitor is concerned that reporting the information could breach client confidentiality, but not reporting it could allow a crime to occur.

Answer: The solicitor must balance the duty of confidentiality (a professional principle) with the regulatory objectives of protecting the public interest and upholding the rule of law. In some cases, disclosure may be required or permitted by law to prevent serious harm or crime.

Worked Example 1.2

A law firm receives a complaint from a client about unclear billing and poor communication. The client feels they were not informed about costs or their right to complain.

Answer: The firm has failed to meet the regulatory objectives of protecting consumer interests and improving access to justice, as well as the professional principle of providing proper standards of work. The firm should review its client care procedures and ensure compliance with SRA requirements.

The Role of Regulators and Enforcement

The Legal Services Board oversees approved regulators, ensuring they advance the regulatory objectives and enforce professional principles. Regulators set rules, supervise compliance, and take action against misconduct. The SRA, for example, can investigate solicitors, impose sanctions, and refer serious cases to the Solicitors Disciplinary Tribunal.

Key Term: Solicitors Disciplinary Tribunal (SDT)
An independent tribunal that hears serious cases of alleged misconduct by solicitors and can impose sanctions such as suspension or striking off.

The Importance of Public Trust and Ethical Conduct

Public confidence in the legal profession depends on solicitors and other lawyers acting ethically and upholding the regulatory objectives and professional principles. Misconduct, dishonesty, or failure to act in the public interest can damage trust and lead to disciplinary action.

Exam Warning

For SQE1, you may be asked to identify which regulatory objective or professional principle applies in a scenario, or to explain how a solicitor should resolve a conflict between principles (e.g., client confidentiality vs. public interest).

Revision Tip

When revising, focus on how the regulatory objectives and professional principles interact, and be able to apply them to practical situations involving ethical dilemmas or professional conduct issues.

Key Point Checklist

This article has covered the following key knowledge points:

  • The Legal Services Act 2007 sets out eight regulatory objectives for legal services regulation in England and Wales.
  • The Legal Services Board oversees approved regulators, ensuring compliance with these objectives.
  • Professional principles require solicitors and other authorised persons to act with integrity, independence, proper standards, in clients’ best interests, and to maintain confidentiality.
  • The SRA Standards and Regulations reflect these objectives and principles in rules for solicitors and law firms.
  • Public trust in the legal profession depends on ethical conduct and adherence to regulatory objectives and professional principles.

Key Terms and Concepts

  • regulatory objectives
  • Legal Services Board (LSB)
  • approved regulator
  • professional principles
  • SRA Standards and Regulations
  • Solicitors Disciplinary Tribunal (SDT)
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Pleased to share that I have successfully passed the SQE1 exam on 1st attempt. With SQE2 exempted, I’m now one step closer to getting enrolled as a Solicitor of England and Wales! Would like to thank my seniors, colleagues, mentors and friends for all the support during this grueling journey. This is one of the most difficult bar exams in the world to undertake, especially alongside a full time job! So happy to help out any aspirant who may be reading this message! I had prepared from the University of Law SQE Manuals and the AI powered MCQ bank from PastPaperHero.

Saptarshi Chatterjee

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Senior Associate at Trilegal