Learning Outcomes
After reading this article, you will be able to identify and explain the SRA Principle concerning the rule of law and the administration of justice, including its scope, practical application for solicitors, and its precedence over duties to individual clients. You will also recognise common breaches, properly define key terms, and confidently tackle related SQE2 exam scenarios.
SQE2 Syllabus
For SQE2, you are required to understand how the SRA Principles, especially the duty to uphold the rule of law and administration of justice, apply in daily legal practice. Pay close attention in your revision to:
- the meaning and content of the "rule of law" and "proper administration of justice" within the SRA Principles
- how these duties interact with the solicitor’s primary duty to clients
- the precedence of public interest duties over client interests when SRA Principles conflict
- identifying conduct that breaches Principle 1, inside and outside professional practice
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.
- What is the core requirement of SRA Principle 1 for solicitors?
- When may your duty to uphold the administration of justice override your duty to act in your client’s best interests?
- Give an example of conduct likely to breach Principle 1 even outside the workplace.
- True or false: Only a criminal conviction can amount to a breach of the rule of law for a solicitor.
Introduction
The SRA’s first Principle requires that all solicitors act in a way that upholds the constitutional principle of the rule of law and the proper administration of justice. This duty applies at all times, not only in legal practice, but also in your private life. Understanding how this Principle operates—and when it takes precedence over client interests or other Principles—is essential for SQE2.
The rule of law and the administration of justice
SRA Principle 1 means you must always ensure your actions support the fair, consistent, and equal application of the law, as well as the functioning and integrity of the justice system.
Key Term: rule of law
The requirement that the law applies equally to all, with no person, regardless of status, above the law; fair and predictable operation of the legal system for everyone.Key Term: proper administration of justice
The duty to act in ways that support the operation, integrity, and authority of courts and legal processes, maintaining trust in the justice system.
These duties demand positive action and avoidance of behaviour that might undermine the law’s authority or the court’s effective operation. You must not simply avoid breaking the law; you must actively uphold it and the mechanisms of justice.
Public duties versus client interests
Solicitors owe important duties to their clients—including confidentiality and acting in the client’s best interests. However, when these duties conflict with the duty to uphold the rule of law or the administration of justice, the public interest takes priority.
Key Term: public interest
Concerns or benefits that affect society as a whole, such as upholding legal rights, justice, and public confidence in the profession.
Worked Example 1.1
A solicitor’s client instructs her to hide key documents from the court during litigation, believing this offers their best chance at success. What should the solicitor do?
Answer:
The solicitor must refuse and cannot comply. Hiding evidence would undermine the administration of justice and likely breach Principle 1, regardless of the client’s wishes. In this case, the solicitor should withdraw from acting if the client persists.
Acts that breach Principle 1
Breaches of Principle 1 go far beyond criminal convictions. Any serious misconduct, dishonesty, or disregard for equality under the law is likely to amount to a breach.
Key Term: misconduct
Behaviour falling below the professional standards required, such as dishonesty or actions that undermine trust in the justice system.
Examples of breach include:
- misleading the court, or allowing it to be misled (by commission or omission)
- encouraging a client to disobey court orders
- interfering with or threatening witnesses
- abuse of a solicitor’s position (and privilege) for personal gain
- serious or repeated lawbreaking, even in private life
- conduct that damages public trust in the legal system or profession
Worked Example 1.2
A solicitor is convicted of serious assault during a weekend altercation at a pub. The incident is unrelated to their legal practice. Is this likely to breach Principle 1?
Answer:
Yes. Committing a serious crime shows disregard for the rule of law and may seriously undermine confidence in the legal profession, resulting in regulatory action.
Duties owed to the court
As an officer of the court, a solicitor must not seek to win “at any cost.” Duties include:
- not misleading or attempting to mislead the court (actively or passively)
- raising relevant caselaw or legal defects if material, even if unfavourable to the client
- following all court orders or seeking to vary them through proper procedure
- not asserting facts that cannot be properly supported
Key Term: officer of the court
A solicitor’s role as a legal representative is to assist the court in the administration of justice, carrying obligations to the court that may override duties to the client.
Worked Example 1.3
While representing a client, a solicitor knows the client intends to give false evidence in court. Can the solicitor simply present their client’s case as instructed?
Answer:
No. The solicitor must refuse to permit or support the giving of false evidence, and should withdraw from acting if necessary. Supporting false testimony would breach Principle 1 and the duty to the court.
Exam Warning
Principle 1 takes precedence when Principles conflict. In exam questions, identify situations where a solicitor must prioritise the interests of justice or the legal system above client instructions or benefit.
Offences and behaviour outside practice
Principle 1 applies equally outside your work as a solicitor. A conviction for a criminal offence, repeated offences, involvement in serious dishonesty or crime, or actions that display inequality before the law can all amount to a breach—even where unrelated to legal work or clients.
Repeated minor offences will be considered in context, but a sustained course suggests disregard for the law and may result in disciplinary action.
Revision Tip
If exam scenarios involve a solicitor asked to act in a way that risks the fairness, independence, or authority of the legal system or involves ignoring court orders or misleading a court, always consider Principle 1 first.
Key Point Checklist
This article has covered the following key knowledge points:
- The SRA Principle requiring all solicitors to uphold the rule of law and proper administration of justice, both in and outside legal practice.
- Duties under Principle 1 prevail over client interests if there is a conflict.
- Examples of breach include any conduct undermining the law, misleading courts, or serious offences by solicitors.
- Application of Principle 1 includes active steps to support the integrity of legal processes, courts, and equal treatment before the law.
- Solicitors must decline client instructions that would breach their obligations to the court or undermine justice, even if it means ceasing to act.
Key Terms and Concepts
- rule of law
- proper administration of justice
- public interest
- misconduct
- officer of the court