designing ethics indicators for legal services provision september 2012 ...
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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 [email protected] 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 [email protected] Centre for Ethics and Lawhttp:\\lawyerwatch.wordpress.com