A second sexual misconduct case from the SDT has hit the news: SRA v Richard Daniel Smith. Mr. Smith was alleged to have “touched Person A’s bottom on more than one occasion in circumstances in which: 1.1.1 the Respondent knew or ought to have known that Person A had given no indication that such conduct … Continue reading Smith, the SDT and unenlightened majorities
SRA v Beckwith turned on two allegations said to be breaches of the principles under the SRA Code of Conduct 2011, namely that a solicitor must: act with integrity (principle 2) and behave in a way that maintains the trust the public places in you and in the provision of legal services (principle 6). In … Continue reading The Beckwith Case
A while back I wrote a post about cybernetic ethics and for some time I have been thinking about cybernetic lawyering. By this I mean lawyering embedded in, responsive to, the social systems it works in, in ways that meaningfully use evidence to improve that social system. And by evidence I mean more than chats … Continue reading Cybernetic Contracts
Trevor Clark The Financial Times ran an interview this week with two female partners who job share at the global law firm Baker & McKenzie's London office. You can read it here: https://www.ft.com/content/f650bb6a-ca46-11e9-af46-b09e8bfe60c0 . The FT interview delves a little into the everyday experiences of the two lawyers. It highlights some of the bigger issues and … Continue reading Can You Ride Tandem? Tackling Female Partner Drop-off in Large Law Firms
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?
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
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.