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13 June 2013 / David Greene
Issue: 7564 / Categories: Opinion
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Cause & effect

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David Greene takes issue with excessive & ineffective political grandstanding

Lawyers are not the most popular band of professionals. Certainly from a politician’s point of view, much easier to blame greedy lawyers for the ills of society than portray them as the upholders of the rule of law, human rights and the justice process. 

The issues in relation to legal aid betray the easy criticism that lawyers are simply looking to line their pockets at public expense. This is of course far from the truth with legal aid practitioners working at rates and returns which place substantial economic burden on them to maintain practice. 

For lawyers it is not an easy sell. The fact is that if rights are to be effective then it has to be in the economic interests of someone to pursue them. If it makes no economic sense for a lawyer to represent clients, they will not do so. There are many examples in recent years in which legislation is invoked without consideration of how it is actually going to

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Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

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NEWS
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
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