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

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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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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