Judge says professional ethics may be waning

Referring to his experience in the latter part of the last century, Justice Lee said there appeared to be a “more central understanding” that law was about the administration of justice, “and sometimes about courage”.

As an example, Justice Lee told the audience of an in-house solicitor he worked with in the past, who was described as a “principled man with an uncomplicated sense of right and wrong”.

The in-house solicitor had been walking a witness back to his office after testimony when, “in a moment of foolish pride”, the witness grinned and said something along the lines of: “I got away with that little story”.

While some legal professionals may have signed and ignored what had been said, Justice Lee said this solicitor immediately “turned on his heel and marched the witness straight back into counsel’s chambers”.

The barrister was swiftly told, and the witness was placed back into the witness box to apologise for giving false testimony.

“The solicitor could have let it slide, he could have justified doing nothing in several ways. Not everyone in his position would behave that way.

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“Now ask yourself, how many in-house counsel in 2025 do you know and do you think would do the same now?” Justice Lee questioned.

While Justice Lee acknowledged the last few decades were not “always better” – particularly with their many blind spots and failures – he suspected it was a time when ethics were placed more highly.

“I do not think for a moment we have lost that sense entirely, but I am not entirely sure it is as strong as it once was,” Justice Lee said.

“I have confidence in the profession. I think there is still generally a real desire to commit to professional values.”

Responding to a question from the audience, Justice Lee said the Australian Solicitors’ Conduct Rules was a code that all practitioners with a practising certificate must hold themselves to, including in-house lawyers and those working within “mega firms”.

However, Justice Lee said one thing that concerns him is the professional bodies that “do seem, at least to my observation over a number of years, to perhaps reduce the amount of time they spend in their educative role, in relation to ensuring people – particularly young practitioners – have a thorough appreciation of the importance of their professional values”.

Justice Lee’s speech delved into how managerialism has eroded professionalism within law firms, leaving many legal professionals spending more time in meetings than they do connecting with clients and mentoring more junior practitioners.

“I trust that somewhere in the spreadsheets and performance reviews was what brought most of us to the law in the first place, and believe that words matter, the truth matters, and that honour is central to our profession,” Justice Lee said.