As a follow up to my piece in the Times, you can register and get a free read I think, I set out the longer piece I prepared whilst thinking this case through. There is of course no substitute for reading the case in full if you can to make up your own mind about … Continue reading Davies vs Greene: An analysis
To those of you who get the reference in the title. Congratulations. You have come a long way. For the rest, BS5750 was a quality assurance system, all the rage in the 1990s, which came to mind, alongside legal aid practice management standards, and other joys, as I read the LSB's 'Ongoing Competence' report. This … Continue reading Ongoing competence: BS or 5750?
The Criminal Cases Review Commission published its submission to the Post Office Horizon IT Inquiry. For those of you unaware, in broad brush terms, this Inquiry relates to the prosecution of large numbers of sub-postmasters for failures which the defendants say arose out of the flawed Horizon accounts system run by the Post Office. The … Continue reading Lawyers for the Post Office Machine
David Perry QC’s decision to act in the Hong Kong prosecution of nine defendants on two charges of unauthorized assembly has come in for a great deal of criticism. This includes the current (Conservative) Foreign Secretary, a former (Labour) Lord Chancellor, and other legal luminaries, politicians and lawyers. The press reports, and comments garnered from … Continue reading Hong Kong Questions
The multiple ironies of what happened here, early in the Covid-crisis, will not be lost on many. The SDT have stayed the SRA's prosecution of Mark Mansell for professional misconduct. The case arises out of the NDAs negotiated for Harvey Weinstein against Zelda Perkins and Rowena Chiu. The saga ends, if it has ended, where … Continue reading NDA, Redacted
Steven and I have been moved by the untimely death of Professor Deborah Rhode. Deborah was one of the giants of legal ethics. She has shown great personal kindness to many legal ethics scholars, and written many great works. As it happens last week we were finalising a chapter on leading works on ethics for … Continue reading In honour of Deborah Rhode
A personal Statement from 'barrister' and director of plan.b earth (published yesterday) Tim Crosland has caused a stir, because of an apparently deliberate and pre-meditated breaching of a Supreme Court embargo on its decision on Heathrow’s Third Runway (published today). It began like this: Tomorrow, 16 December, the Supreme Court will publish its judgement on … Continue reading On deliberate contempt as professional martyrdom
Does it matter that a regulatory rulebook contains professional principles that are headlines only and have no detailed content? To what extent is it ok for those engaged in professional discipline to be interested in the private lives of professional people? These are the two main substantive questions (although not framed in that way...) in … Continue reading Personal Lives and Professional Principles: Beckwith, Integrity and the High Court
A quick post from me, based on my tweets yesterday, on the overturning of the SDT decision in the Beckwith case. I blogged about the original decision here. This is what I said of note: The SDT is not as clear as we might hope about what is the behaviour that is being criticised here … Continue reading Beckwith 2: the SDT’s card should be marked
John Armour, Richard Parnham and Mari Sako have put up an interesting paper on ‘Augmented Lawyering’. The central aim is to consider what impact artificial intelligence and “associated digital technology” will have on the work of lawyers and the structure of law firms. It is an empirical study based on 52 interviews and a survey … Continue reading Is Law Tech augmented lawyering?