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02 December 2022 / John Gould
Issue: 8005 / Categories: Features , Profession , Regulatory , Disciplinary&grievance procedures
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Codes of conduct: clarity needed?

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The cleaner did it! John Gould considers the rules & responsibilities which apply to non-solicitor employees of a firm
  • Every employee within a firm is a regulated person, whether or not they are personally engaged in reserved legal activity. In principle, this means that individual employees who are not legal professionals could be made subject to rules and punished for breaches.
  • While the Solicitors Regulation Authority sets out a Code of Conduct for solicitors and firms, it is not clear which rules apply to individual employees.

Legal firms employ a lot of people. According to a report by KPMG commissioned by the Law Society, in 2018 there were many more than 225,000 people employed in the ‘legal activities’ sector in the UK (‘Contribution of the UK legal services sector to the UK economy’, January 2020). Over the last four years, this number is likely to have grown. Many of these employees are not themselves lawyers, but still deal with clients and their money every day.

But what

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MOVERS & SHAKERS

Hugh James—Jonathan Askin

Hugh James—Jonathan Askin

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Michelman Robinson—Daniel Burbeary

Michelman Robinson—Daniel Burbeary

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Kingsley Napley—Jonathan Grimes

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Firm appoints new head of criminal litigation team

NEWS
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Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
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 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’
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