Time for SRA to update warning notice on NDAs

The SRA warning notice was a significant step forward in acknowledging the harm that solicitors can do when they misuse their power and status.* But much has changed since early 2018: knowledge on problematic practices is becoming clearer, as are the roadblocks to progress. The Women’s & Equalities Select Committee reported on the need to clean up the use on … Continue reading Time for SRA to update warning notice on NDAs

NDAs. The Law Society. Are they telling the truth?

The Law Society and Vice President, David Greene, is denying in today's Times that the Practice Note on NDAs was watered down during its formulation. I have strong reasons to doubt that. They also claim, "Developing guidance requires input and learning from those who have been actively involved in the relevant area of law." These … Continue reading NDAs. The Law Society. Are they telling the truth?

GCs To Be Excluded from SMR : Unsurprising but Worrying

Trevor Clark Following a consultation it launched in January of this year, the Financial Conduct Authority (FCA) has decided to exclude the Head of Legal of all of the banks, insurance companies and other financial institutions that it supervises from Senior Manager accountability under the Senior Managers & Certification Regime (SMR). You can access the … Continue reading GCs To Be Excluded from SMR : Unsurprising but Worrying

SQE tests show openness, reliability and fairness concerns.

The SRA has put great store in the reliability of the assessment mechanisms for the SQE. So it was with interest, that I read the two reports on their Stage 1 pilot. Relative to many academic colleagues and practitioners, I am not particularly sceptical of MCTs, willing to be persuaded they can be more sophisticated … Continue reading SQE tests show openness, reliability and fairness concerns.

Consumer Tracker Survey: Don’t Compare.Com

The Legal Services Consumer Panel (LSCP) commissions an annual snapshot of lay users of legal services. Interestingly, but not illegitimately, its dominant focus is competition, not service or access. One finding from this year's LSCP Tracker survey is a reminder that we need to be careful when thinking about surveys in asymmetric markets. Consumers rate … Continue reading Consumer Tracker Survey: Don’t Compare.Com

A Framework for In-House Lawyers to Work More Closely with Non-Executives: Tell Us What You Think

Richard Moorhead, Alan Brener, Paul Gilbert, Steven Vaughan and I have written a paper in which we make a series of suggestions as to how in-house lawyers (IHLs) can work more closely with the non-executive directors (NEDs) in large business organisations. Our draft guidelines, which are drawn from a wide variety of professional and academic … Continue reading A Framework for In-House Lawyers to Work More Closely with Non-Executives: Tell Us What You Think