Mainly for Students: Zen and the art of professional ethics

In the second of his two-part look at professional ethics, Paul Collins explains what RICS expects of its members. In its rules of conduct, the Royal Institution of Chartered Surveyors makes clear two things that are expected of members: 1. Competence: “Members shall carry out their professional work with due skill, care and diligence and with proper regard for the technical standards expected of them.”  2. Ethical behaviour: “Members shall at all times act with integrity and avoid conflicts of interest and avoid any actions or situations that are inconsistent with their professional obligations.” As set out in my previous article, RICS has five core values under its Global Professional and Ethical Standards, which underpin competence and behaviour. These are: Treat others with respect Act with integrity Always provide a high standard of service Act in a way that promotes trust in the profession Take responsibility. A full explanation of these can be found at www.rics.org/uk/upholding-professional-standards/standards-of-conduct/ethics along with a very helpful ethical decision-making flow diagram. Interestingly, in 2002, RICS had a longer list, which comprised nine criteria: 1. Act with integrity. Never put your own gain above the welfare of your clients or others to whom you have a professional responsibility. Respect their confidentiality at all times and always consider the wider interests of society in your judgments. 2. Always be honest. Be trustworthy in all that you do – never deliberately mislead, whether by withholding or distorting information. 3. Be open and transparent. Share the full facts with your clients, making things as plain and intelligible as possible. 4. Be accountable. Take full responsibility for your actions, and don’t blame others if things go wrong. 5. Act within your limitations. Be aware of the limits of your competence and don’t be tempted to work beyond these. Never commit to more than you can deliver. 6. Be objective at all times. Give clear and appropriate advice. Never let sentiment or your own interests cloud your judgement. 7. Always treat others with respect. Never discriminate against others. 8. Set a good example. Remember both your public and private behaviour could affect your own, RICS’ and other members’ reputations. 9. Have the courage to make a stand. Be prepared to act if you suspect a risk to safety or malpractice of any sort. Making a stand Reflecting on the current list of five as compared to the 2002 list, it could be argued that number 9 – have the courage to make a stand – is no longer really captured. I think it should have been retained, don’t you?  It is never easy to stand up and be counted when you know things are wrong and no one else is willing to say anything but – and this is crucially important – unethical behaviour needs to be called out, just as the Three Musketeers and d’Artagnan (referred to last time) would have done in their quest for justice.  Interestingly and quite coincidentally, the May edition of the RICS journal Modus included a major article on whistleblowing, which very much is about the courage to make a stand. In doing so it highlights a new toolkit for whistleblowers called “Speaking Up”. This can be found at: www.rics.org/uk/upholding-professional-standards/regulation/regulatory-support/speaking-up. It says: “The duty to speak up is an important part of the profession’s ‘moral compass’. Think of it as protecting the reputation of your profession, by helping RICS to uphold the public interest.” In doing so it provides a number of example scenarios of cases where whistleblowing should take place. Here is one: “A regulated member, person X, is acting as an expert witness for a client in court proceedings. Another regulated member, person Y, is acting as an expert witness for the client’s opponent in the dispute. During the hearing the court criticises person Y’s evidence, questions their competency and asks whether they have followed the relevant RICS practice statement. Person Y responds, confirming that they have never acted in this area before and are not aware of the RICS practice statement. Following the conclusion of the hearing and receiving the court’s decision, person X reports their concerns about person Y to RICS along with a copy of the court’s decision.” Rules of conduct In addition to the five standards and practice toolkits, RICS, like all professional bodies, has set rules of conduct. These, like the reference to a “practice statement” in the quote above, make clear what is expected in terms of ethical behaviour and professional competence.  These, as many readers will be aware, are tested at a final APC assessment. At level 1 they include, for example: RICS’ global and professional ethical standards; mandatory professional statements, eg conflicts of interest; guidance notes and their status; RICS’ CPD policy; rules of conduct for members; and the rules of conduct for firms. Zen and the Art of Motorcycle Maintenance The bottom line, in many ways, is something Robert M Pirsig explored at length, and struggled to determine, in his book Zen and the Art of Motorcycle Maintenance. So what is it? How to use a spanner in a zen-like way? Not quite. I used to make surveying students read this as part of a second-year coursework task. It’s not an easy read and I was often challenged – “we’re not on an English degree”, some would say. Well, it’s a story about a father and son on a motorcycle journey – but, at the same time, a philosophical exploration of what quality is and how it might be achieved. Quality in all things – as Pirsig’s narrator discovers – is fundamentally down to one thing: care. “Client care” is of course a mandatory competency for all RICS pathways and is closely linked to “Ethics, Rules of Conduct and Professionalism”. Students and other readers who wish to can undertake a free one hour of CPD on RICS ethics (and a test) at: https://academy.rics.org/e-learning/professional-ethics/free-ethics-walkthrough. Professional care  Care in doing things diligently is what RICS members – or indeed any person describing themselves as a professional – should always have regard to in practice. In helping practitioners do so, RICS provides a series of written documents that members must have regard to. These are: international standards, professional statements, guidance notes, codes of practice and jurisdiction statements (see box).  The really important thing for students and other readers to understand is that chartered surveyors must have regard to all of these documents in undertaking work, where and when that apply to a particular area of practice.  Very simply, all chartered surveyors must: follow the tenets (rules) of professional statements; and, at the same time  have regard to what is in a guidance note. RICS states: “When an allegation of professional negligence is made against a surveyor, the court is likely to take into account any relevant practice statements published by RICS in deciding whether or not the surveyor acted with reasonable competence.” Summing up In concluding this two-part article, we go back to the beginning of the first and the thoughts of Aristotle 2,300 years ago. In undertaking a service or giving reasoned advice in a professional and persuasive way, it should, according to Aristotle, have has been infused with three Greek words: logos, pathos and ethos. Logos (logic): reasoned, clear, evidenced, logical explanations of what is to be done; Pathos (passion): a sense of real and perceived care, feelings and respect for the client’s needs; and (crucially) Ethos (ethics): that the client trusts you to do it well, believes in your impartiality and integrity and at the same time upholds the values of the profession. Quite simple really. And with that, one final recommendation – Zen and the Art of Motorcycle Maintenance is worth a read: not simple, but high on quality.   Type of document Definition Examples International standards High-level standards developed in collaboration with other relevant bodies and applicable across different countries. International Property Measurement Standard (IPMS) RICS professional statements These are mandatory requirements for RICS members and RICS regulated firms. Service charges in commercial property, 1st edition, September 2018; Countering bribery and corruption, money laundering and terrorist financing, 1st edition, February 2019; Financial viability in planning: conduct and reporting, 1st edition, May 2019 RICS guidance notes These documents provide users with recommendations or an approach for accepted good practice as followed by competent and conscientious practitioners. Surveying safely: health and safety principles for property professionals, 2nd edition, November 2018; Comparable evidence in real estate valuation, 1st edition, October 2019 RICS code of practice A document developed in collaboration with other professional bodies and stakeholders that will have the status of a professional statement or guidance note. Service charge residential management code, 3rd edition, May 2016 RICS jurisdiction guides These provide relevant local information associated with an RICS international standard or RICS professional statement as relevant to a particular country. RICS Valuation – Global Standards 2017 jurisdiction guide: USA, 1st edition, May 2019   Paul Collins is a senior lecturer at Nottingham Trent University and Mainly for Students editor. He welcomes suggestions for the column and can be contacted at paul.collins@ntu.ac.uk