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Confronting the code

27 September 2007 / Richard Harrison
Issue: 7290 / Categories: Features , Procedure & practice , Profession
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The new code of conduct requires a formal contractual approach, not woolly marketing-speak, says Richard Harrison

No other profession so loathes itself. No profession is as highly regulated in terms of control of charging and detailed—arguably overbearing—client care requirements. The self-abasement inspired by public perception of the grasping, obfuscating solicitor has reached its apotheosis in the new Solicitors’ Code of Conduct which came into force on 1 July 2007—and we cower before our regulators.

The requirements have no doubt built up from past scandals, badly reported news items and misconceived judicial comments. Yet we must now live with it. The profession and its critics, in the judiciary and elsewhere, have now become focused on the client care letter. This was originally known as a rule 15 letter and, from some time in the early 1990s, the Law Society seems to have promulgated a precedent which most law firms have assiduously adopted and which somewhere contained the meaningless jargon:

“We aim to provide you with a high quality and cost effective service.”

It brings

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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