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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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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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