Jotwell, well worth following, it has a series on legal professions, has published a 'jot' what I wrote on Yuval Feldman's book The Law of Good People: Challenging States’ Ability to Regulate Human Behavior (2018). It begins: The fascinating case made by Yuval Feldman’s recent book is that most wrongdoing is done by good people who, too frequently, … Continue reading Jot on Quiet Egocentricity and Ethics
Nathalie Tidman has done a thorough and balanced job of reporting on recent NDA controversies for Legal Business (£). Interesting new information includes that Zelda Perkins had a barrister involved in her case, and that the firm that represented her kept the NDA in a firm safe, "with a post-it note inscribed ‘this must not walk’. … Continue reading NDAs. He really is one of us
@Crimegirl has been posing a very entertaining series of tweets on the daft things clients do. This one is not the most entertaining one* but it caught my eye… [* I think this one is the funniest one, should you be interested.] The tweet was nearly perfectly timed to coincide with the publication of X … Continue reading Dreaming up iniquitous defences: why X v Y goes beyond pub talk
The Citizens UK case  EWCA CIV 1812 raises interesting issues about government lawyers and their political masters, but more so, for me having read the judgment, about how judges deal with potential misconduct by litigants and, perhaps, their lawyers. The case arises out of Frances' decision to close the Calais camp known as the Jungle. … Continue reading Citizens UK: Professional Regulators should examine this misleading of the High Court?
The House of Commons Women and Equalities Committee report on Sexual harassment in the workplace, has been published. To my eye it looks like an excellent piece of work: takes a wide-ranging, purposeful, look at the problems of sexual harassment in the workplace. It calls for wide-ranging reform, including: A [Bribery Act style] duty on … Continue reading Select Committee ‘particularly concerned’ about lawyers’ ethics
News that Boris Becker has claimed diplomatic immunity in bankruptcy proceedings - https://www.ft.com/content/551ce878-70b4-11e8-92d3-6c13e5c92914 - prompts an interesting observation from well known lawyer Mark Stephens: This is “absolutely being used as a tactic.... If you commit a crime or are party to serious civil litigation, it’s a good idea to claim you’re a diplomat. You can … Continue reading Are lawyers helping clients make spurious diplomatic immunity claims?
The Bar Standard Board's training and education plans may provide an example of what the SRA loses by putting all its regulatory money on the regulation of competence through outcomes (and the markets that will swirl around such provision). In brute terms, the SRA professes only to regulate solicitor outcomes and leaves providers to decide … Continue reading BSB vs SRA on professional education: the merits of regulating providers