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23 May 2019 / John Gould
Issue: 7841 / Categories: Features , Regulatory
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Doing what’s right & legal

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Conduct unbefitting? John Gould weighs up the evidence surrounding legal but anti-social lawyering
  • One person’s moral conviction is not another’s legal obligation.
  • Lawyers must have integrity and comply with professional codes.

Law is the great ethical common denominator. We can disagree with it but we must obey it or take the consequences. It tells us, in a way which matters, what is right and what is wrong. It tells us what is permitted and what is not. It tells us that with compliance comes the freedom to speak or to do as we please.

Individually I may think that failing to stand for the national anthem should be punished by public stoning but, until my lobbying produces a referendum and legislation, you can continue to sit there gesturing disrespectfully in my general direction. A Beefeater will not appear and haul you off to the Bloody Tower.

Fortunately for lawyers, we are not experiencing a shortage of law. Law, like nature, abhors a vacuum and a vast cloud of law

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NEWS
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APIL sees off ‘substantial prejudice’ defence
Personal injury lawyers have welcomed a government U-turn on a ‘substantial prejudice’ defence that risked enabling defendants in child sexual abuse civil cases to have proceedings against them dropped
‘Lost years’ precedent overturned
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
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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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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
NLJ this week: Justice at the algorithm’s edge
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
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