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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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NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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