designing ethics indicators for legal services provision september 2012 ...

Designing Ethics Indicators for Legal Services ProvisionSeptember 2012http://www.legalservicesboard.org.uk/what_we_do/Research/Publications/publications.htm

Richard Moorhead, UCLVictoria Hinchly, Cardiff University

Christine Parker, Monash UniversityDavid Kerhsaw, LSE

Soren Holm, Manchester Universityr.moorhead@ucl.ac.uk Centre for Ethics and Lawhttp:\\lawyerwatch.wordpress.com

Overview

Outline the report and background

Discuss some conceptual questions associated with that work

Discuss how one can “measure” (or better understand) ethics

Aims “to develop tools

which will assist legal services regulators in monitoring the core ethical obligations of legal service providers. The ultimate aim is to develop tools that can be applied across the legal services market.”

Ongoing work….

What flows from the aims….

• a signal that ethics is important.• tracking and insight: not monitoring of

individuals or firms• could inform educational and regulatory

approaches • help firms/organisations and even individuals

improve their practice.

What the report covers…◦ the range of issues ethical benchmarking might

cover; ◦ the range of potential methods currently

available;◦why a multi-dimensional approach is necessary;◦sets out a 3Cs model(character, capacity,

context);◦ recommends a dashboard of tools to do so and

approaches to evolving and testing those tools; and,

◦provides a basis for discussions with stakeholders including a proposed methodology for proceeding further.

Quantitative

Key trends

Shifting Patterns

Qualitative

Insight, design, evolution and interaction

Multi-dimensional, Interactive model

BACKGROUND

Define what you mean by ethics….?

….we define ethical issues (in terms of something ‘trackable’) as arising when

…the public interest in the administration of justice, the client’s interest and the provider’s interests (in profit or survival) are in tension.

One thing that could (should?) be done

Understanding values

• Empirical/bottom up• Differences within professional

groups• Differences across service

providers• [Differences between

managers/owners and employees]

CONCEPTUAL MODELS

Facts

Rules

Decision

HOW DO YOU MEASURE?

Ethics

A problem with looking at behaviour

Indicators?

Indicators: the Candidates

stimulus

knowledge

reasoning

action

culturesvalues

attitudes

structures

incentives

Haidt: Social Intuitionist Model

The interactive multidimensional model

Context

• Infrastructure• Incentives• Culture

Character

• Values• Attitudes

Capacity

• Knowledge• Reasoning

Quantitative

Key trends

Shifting Patterns

Qualitative

Insight, design, evolution and interaction

I

The B and 3Cs model

Process map

Designing Ethics Indicators for Legal Services ProvisionSeptember 2012http://www.legalservicesboard.org.uk/what_we_do/Research/Publications/publications.htm

Richard Moorhead, UCLVictoria Hinchly, Cardiff University

Christine Parker, Monash UniversityDavid Kerhsaw, LSE

Soren Holm, Manchester Universityr.moorhead@ucl.ac.uk Centre for Ethics and Lawhttp:\\lawyerwatch.wordpress.com