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Notes
[1] Cf. also the on-going review in Scotland which is being conducted on a narrower remit than Clementi: see the Consultation Paper, Reforming Complaints Handling, Building Consumer Confidence: Regulation of the Legal Profession in Scotland at wwwscotland.gov.uk/Publications/2005/05/09103027/30286.
[2] See generally the information on the Law Society's Regulation Review Working Party on the Law Society's website at www.lawsoc.org.
[3] These assumptions are explicit in the Commission on Professionalism's 1986 report, and in the MacCrate Report (Citation1992; notably at pp. 11, 120). The National Action Plan similarly proceeds on the basis that bolstering professionalism is a core collective responsibility of the law schools, the bar and judiciary (Conference of Chief Justices, Citation1999).
[4] Cf. Evanoff v Evanoff 418 SE 2d 62 (1992) at 63: “… ethics is that which is required, and professionalism is that which is expected”; and see Nicolson Citation(2005) for an argument about the re-introduction of ethical aspiration into codes.
[5] Evaluative monism involves, as Wendel (Citation2001, p. 115) asserts, the analysis and ranking of values according to some superogatory conceptual category or principle without reference to the circumstances of the individual moral agent.