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?

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

Business Driven Outsiders and the Challenge to Ethics

There's a great piece on Kirkland Ellis in the FT (£). It portrays a firm of scrappy outsiders, highly financialised, recruiting young lawyers on the promise of high remuneration and - interestingly- high levels of autonomy. A former partner describes the Kirkland deal thus: “They say, ‘here’s an office, here are your phones, hire who you … Continue reading Business Driven Outsiders and the Challenge to Ethics

Future Law Society Pres Put Head Above Parapet on NDAs

David Greene, Deputy Vice President of the Law Society has written a piece on NDAs, which is both curious and, I'd say, rather foolish. For instance, he says: The Law Society has produced accessible guidance for the public to detail their rights and dispel popular misconceptions that have crept into the public consciousness – for … Continue reading Future Law Society Pres Put Head Above Parapet on NDAs

That Uncertain Smile: the Law Society Practice Note Again (sorry)

The legal profession's slow awakening to the problems of NDAs, has led to a familiar call for certainty. The argument goes something like this: we're more than happy to advise our clients properly, and to draft ethical NDAs, if only someone can tell us what an ethical NDA looks like. They want clear rules on … Continue reading That Uncertain Smile: the Law Society Practice Note Again (sorry)