Friday's* Guardian had a really interesting and detailed story on money laundering. It is well worth a few minutes of anyone's time. Professional commitment to money laundering regulation has always been somewhat equivocal. I have heard senior, well-respected lawyers say money laundering reporting requirements had signaled the death-knell of professionalism. But I want to concentrate … Continue reading секреты:does big law have a Russian problem?
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
Those of you on twitter may have seen me post a plea for thoughts on people's first day at law school #day1law. Over 400 people responded. The responses were fabulous. Stretched across the legal world and well beyond. Contained a good deal of information about teenage drinking in Scotland, and several pleas for some feedback on … Continue reading #Day1Law
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?
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.
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
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
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
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)
I have set out my response to the BEIS consultation on NDAs for those interested. If you are thinking of responding yourself, the date of closing is 29 April and the documents can be found here: https://www.gov.uk/government/consultations/confidentiality-clauses-measures-to-prevent-misuse-in-situations-of-workplace-harassment-or-discrimination I am Richard Moorhead, Professor of Law and Professional Ethics at UCL, Faculty of Laws, London. I am … Continue reading My quick response to BEIS consultation on NDAs