I hesitate to be another person to drawing attention to Dan Neidle's allegations about Nadim Zahawi, but it seems to me the finer, but important, points about what Neidle thinks the lawyers have got wrong have not been clearly identified in the commentary I have seen in several places. Lawyers and the legal press tend … Continue reading What may Zahawi’s lawyers have got wrong?
In the light of yesterday's PO Inquiry hearings on compensation, I looked back at something I wrote in July, on my Post Office devoted substack, and thought the analysis there pretty much stands the test of time. The Post Office and Government have adopted an adversarial approach, containing a conflict of interest. When one side … Continue reading A lesson in conventional unfairness
The SRA has issued welcome guidance on the conduct of SLAPP cases. It can be seen as part of their broader thrust to wean solicitors, and their firms, off the idea that they can act for clients as hired guns no matter what. In broad terms, and the Code is a bit more nuanced than … Continue reading SLAPP guidance: a quick comment
Graeme Johnston, Jenifer Swallow and I have written a paper on this topic which we have submitted to the SRA and can be downloaded here. It begins like this... The issue of lawyer involvement in wrongdoing has risen up in the public consciousness. A critical issue for lawyers is what to do when they face … Continue reading What’s wrong with SRA Guidance on Confidential Information
One of the issues I am interested in is whether the courts take ethical failure in legal proceedings seriously enough. This week brings forth an interesting example to consider. The case is an immigration one, R (HM, MA & KH) v SSHD  EWHC 2729 (Admin), and it concerns the Home Office's admitted breach of its … Continue reading The Home Office: Collective failure, individual insouciance?
So a story in the Guardian reports Geraldine van Beuren's calls for more working class lawyers to out themselves. Having once been described as the gayest heterosexual man on the planet,* I feel a bit of outing might be appropriate. My parents certainly regarded themselves as working-class Geordies. It used to be the case that … Continue reading Class Walls
Trevor Clark The Lawyer has kindly allowed me to reproduce the text of my opinion piece, published on Tuesday. Last week The Lawyer reported that lenders on the recent £3.5bn financing of The Access Group were dissatisfied with the role played by their lawyers, and with the designation model under which they were appointed. My … Continue reading Ethically dysfunctional: the problem with designation in leveraged finance
Well, how very rude I can hear the great and the good of the legal profession say. You can’t diss David Neuberger the former President of the Supreme Court KC. He's ace. So let me begin in another way, as this is partly a story of how the network, any network, the establishment, the profession, … Continue reading President of Nowhere? Some points on Lord Neuberger being drawn into the PO Scandal
I was asked to put up the text of my introduction to yesterday's LSB panel event on lawyers' ethics,. For those who don’t know, I write various things on lawyers and often on lawyers' ethics. In recent years I have covered allegations of some seriousness against lawyers in: Clifford Chance, Freshfields, Allen & Overy, Herbert … Continue reading Trust and Ethics, has the legal sector lost its way?
On Substack I have been blogging a detailed critique of an independent review conducted for the Post Office Chairman. It’s lessons are of more general import. Indecent reviews often lack independence for a variety of reasons. So, I am publishing the summary here too. stream of posts is a critique that has the benefit of … Continue reading