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22 November 2024 / John Gould
Issue: 8095 / Categories: Opinion , Rule of law , Profession
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A legal path to injustice?

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In a system ruled by immoral leaders, it may be fanciful to believe that lawyers can or will make a difference: John Gould considers a chilling lesson from history

As lawyers, we pride ourselves that we are independent, act with integrity and uphold the rule of law. However, history suggests that when the law itself is captured by immoral or illiberal forces, lawyers and judges may become more or less reluctant servants of the new order.

Dictatorship is not necessarily the product of violence or revolution; sometimes it grows out of democratic constitutions in states which espouse the rule of law and have embedded within them independent lawyers and judges. Although the decline into autocracy may be incremental, that does not mean it is inevitably slow. A handful of years can be enough for even the most civilised of societies to be subverted.

Law is a system of governance by which politics is played out. A legalist philosopher might have said that law and morality should be completely separate because

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NEWS
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
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