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27 September 2007 / Richard Harrison
Issue: 7290 / Categories: Features , Procedure & practice , Profession
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Confronting the code

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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MOVERS & SHAKERS

Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joinscorporate and finance practice in British Virgin Islands

Dawson Cornwell—Naomi Angell

Dawson Cornwell—Naomi Angell

Firm strengthens children department with adoption and surrogacy expert

Penningtons Manches Cooper—Graham Green

Penningtons Manches Cooper—Graham Green

Media and technology expert joins employment team as partner in Cambridge

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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