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12 February 2016 / Peter Breakey
Issue: 7686 / Categories: Features , Regulatory
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Don’t put it in writing?

Peter Breakey reports on the SRA clampdown on private correspondence

A recent decision of the Solicitors Disciplinary Tribunal (SDT) has provided a useful reminder to solicitors of the need to exercise caution whenever they send an e-mail, even if they believe they are engaged in private correspondence. The same decision also considered the relationship between principles and outcomes in the Solicitors Regulation Authority (SRA) Code of Conduct 2011 (the Code) and raised what some may consider to be the rather menacing and Orwellian prospect of the SRA pursuing solicitors for “thought crime”.

Case No. 11380-2015, Solicitors Regulation Authority v Brough, Chaudhary and Story, concerned three former partners of London firm, OH Parsons and Partners. Over a period of around 12 months in 2010 and 2011, while they were still at the firm, they had exchanged a series of e-mails which contained “inappropriate and offensive” comments. The precise contents of the e-mails were not disclosed but they included “abusive, disparaging and insulting comments about colleagues”, contained “sexual and racial references” and included comments about

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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