In recent years, the massification of the Law degree has led to an increase in the number of lawyers, but not necessarily to an improvement in the quality of education and professional practice.
Recent cases have highlighted the need to establish more effective ethical control mechanisms. Bar associations, traditional guardians who still play an important role in regulation and supervision, face greater challenges due to voluntary membership and the lack of mandatory compliance with their guidelines amid this growth of the professional body.
The crucial responsibility of universities in training lawyers with strong ethical principles cannot be overlooked either. It is imperative to review and update academic programs to include content that reinforces professional ethics and social responsibility, going beyond legal theory by incorporating practices that promote ethical reflection and commitment to justice.
Furthermore, a topic largely related to the ethical challenge mentioned above is the independence of the Judiciary, which is being questioned; the undeniable politicization of judicial appointments and external pressures compromise judges’ impartiality and autonomy. Therefore, it is essential to implement reforms that, with necessary corrections, ensure transparent and meritocratic processes in the selection and evaluation of judges, including ethical oversight.
Regardless of the already complex debate on the best way to exercise ethical control over the profession—whether strictly judicial, exclusively collegial, or a hybrid—the important thing is that it works. To this end, more rigorous and mandatory ethical supervision systems must be established, followed by clear and sufficiently serious sanctions for violations.
Nonetheless, Bar Associations should continue and strengthen their promotion and dissemination programs, inviting professionals to participate in seminars, workshops, and activities that reinforce the importance of ethics in daily practice.
At the same time, Law Schools are or should be planning to update their curricula to include solid ethical training, practical simulations, and debates that allow students to confront real ethical dilemmas. After all, practical cases unfortunately abound in public life today.
Finally, in the essential reform of judicial appointment processes, the ethical perspective cannot be excluded to ensure judicial independence, eliminating politicization and guaranteeing that appointments are based on merit and competence.
In conclusion, it seems to me that the ethical challenges facing the legal profession in Chile today require a comprehensive approach that spans from academic training to professional practice, including the judiciary—at least in its appointment system—in order to strengthen its independence.
Hernán Peñafiel, lawyer, partner from litigation practice area at Chirgwin.
