If the Ukraine invasion and its ensuing debates around right to representation inflicted a bruise on the legal profession’s reputation, recent professional misconduct episodes have surely left a greater wound.
In early May, a Twitter post authored by a Cardiff restaurant owner went viral, containing claims that a group of Ince lawyers had behaved inappropriately towards a waitress. Continue reading “Gerrard revelations and Ince restaurant-gate pose ethical quandaries for profession”
The ink is barely dry on Friday’s High Court ruling that overturned the Solicitors Disciplinary Tribunal’s finding against ex-Freshfields partner Ryan Beckwith and the shockwaves are starting to be felt around the legal industry.
In the unlikely event that the substance of the ruling has escaped anyone, the Queen’s Bench Division’s judgment reversed the SDT’s October 2019 findings that Beckwith’s drunken sexual activity with an intoxicated associate breached Principles 2 and 6 of the Solicitors Regulation Authority’s code of conduct, reversed his £35,000 fine and quashed the £200,000 costs order. Continue reading “Comment: Failings in Beckwith prosecution undermine #MeToo fight and muzzle regulator”
In what has been described as a landmark ruling, former Freshfields Bruckhaus Deringer partner Ryan Beckwith has prevailed in his appeal in the High Court against the Solicitors Disciplinary Tribunal’s findings against him in a high-profile sexual misconduct case.
The Queen’s Bench Division today (27 November) overturned the tribunal’s October 2019 findings that Beckwith’s behaviour with a junior lawyer was in breach of principles two and six of the Solicitors Regulation Authority’s code of conduct, requiring solicitors to ‘act with integrity’ and ‘behave in a way that maintains the trust the public places in you and in the provision of legal services’. Continue reading “‘Popular outcry is not proof’: Beckwith’s #MeToo decision overturned in controversial court judgment”
An appeal by former Freshfields Bruckhaus Deringer partner Ryan Beckwith against the Solicitors Disciplinary Tribunal’s (SDT) decision in his misconduct case is set to be heard in October.
Beckwith filed the High Court appeal against the SDT’s decision on liability and the costs award in February, with the hearing now listed for Wednesday 21 October. Continue reading “Beckwith appeal date set as ex-Freshfields partner challenges liability and costs in #MeToo case”
Ask senior figures in the profession what has materially changed in the legal industry over the last decade and answers will likely include musings on technology, innovation and, for more pragmatic souls, the growth of American law firms in Europe.
Such woolly answers speak to the reality that the law looks much like it did ten years ago. What will not be mentioned, however, is what is rapidly emerging as a force with the potential to profoundly reshape the industry: the dawn of proactive regulation of major law firms. Continue reading “Comment: #MeToo is law’s Libor-rigging moment – Unheralded comes regulation of City law”
Ask senior figures in the profession what has materially changed in the legal industry over the last decade and answers will likely include musings on technology, innovation and, for more pragmatic souls, the growth of American law firms in Europe.
Such woolly answers speak to the reality that the law looks much like it did ten years ago. What will not be mentioned, however, is what is rapidly emerging as a force with the potential to profoundly reshape the industry: the dawn of proactive regulation of major law firms. Continue reading “Unheralded comes regulation of City law”
A profession having to get used to increasingly robust regulatory oversight will have more on its plate from this week with the launch of the new rulebook from the Solicitors Regulation Authority (SRA). The new Standards and Regulations (STaRs) came into force on Monday (25 September), ushering in new reporting obligations on solicitors and much-trailed rules designed to make it easier for lawyers to practise individually.
The new code of conduct, which also cuts the core principles from ten to seven, is seen as a further step towards more robust regulation, with the shifting of the SRA’s remit to ‘promote a culture where ethical values and behaviours are embedded,’ according to its enforcement strategy. Continue reading “New solicitor code ushers in tougher duties on profession and moves to boost freelance lawyers”
Following a consultation launched in January 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 FCA’s policy statement here.
A group of us at UCL Laws submitted a detailed response to the consultation. In that response we objected to the proposal to exclude general counsel from SMR. Our response paper drew on both our own research and learnings from other scholarship; we argued that inclusion would strengthen the position of in-house lawyers within regulated financial firms and deliver benefits both for the firms themselves and for the economy and society. We found the arguments made against inclusion during the consultation misunderstood the broad-ranging and significant role that most in-house legal departments play in those firms. The FCA’s grounds for exclusion were not in our view compelling, not least the argument that legal professional privilege should be given super-priority over the public interest arguments in favour of inclusion. You can read our detailed response here. Continue reading “Guest post: Conferring with poachers – Bank GCs excluded from Senior Managers Regime after entirely predictable lobbying”
Last year’s risk management and professional indemnity report with broker Marsh told a story of progress; firms felt risk culture had significantly improved in the ten years since Lehman Brothers’ collapse. However, risk remains a moving target and there is a feeling recent unpleasant episodes at a number of City law firms means much-touted improvements in culture have yet to include progress in professional ethics.
‘I’m a great believer in the risk team playing a key part in defining a firm’s culture,’ says Walkers’ chief compliance officer Angela Robertson. ‘Fundamentally, risk teams enforce types of appropriate behaviour, whether dealing with clients or third parties. So it being involved in defining culture is no different really. Currently risk teams don’t have a specific remit to do so though.’ Continue reading “The risk report – Reputations tarnished as #MeToo fallout hits the legal profession”
In a busy week for the legal watchdog, the Solicitors Regulation Authority (SRA) has announced it is postponing the implementation of its new centralised assessment, dubbed the ‘super-exam’, until September 2021.
The new Solicitors Qualifying Examination (SQE) was originally slated for a 2020 launch, but the SRA has postponed plans after law firms and education providers indicated a ‘strong preference’ for a delay. Continue reading “SRA defers super exam until 2021 as costs of new assessment revealed”
