What’s wrong with SRA Guidance on Confidential Information

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

The Home Office: Collective failure, individual insouciance?

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 [2022] EWHC 2729 (Admin), and it concerns the Home Office's admitted breach of its … Continue reading The Home Office: Collective failure, individual insouciance?

Ethically dysfunctional: the problem with designation in leveraged finance

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

President of Nowhere? Some points on Lord Neuberger being drawn into the PO Scandal

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

Trust and Ethics, has the legal sector lost its way?

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

Not taking secrets to the grave (oh and Independent Investigations NDAs again (AGAIN!))

Ben White of Crafty Counsel has posted a really interesting interview with Pav Gill, former Head of Legal for Wirecard's Asia Pacific Region. I urge you to listen, whether lawyer or not. It draws out the story wonderfully and succinctly. Lawyers may find the quiet terror of it discomforting. I set out here quick outline … Continue reading Not taking secrets to the grave (oh and Independent Investigations NDAs again (AGAIN!))