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28 June 2018 / John Gould
Issue: 7799 / Categories: Features , Regulatory , Profession
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First, do no harm

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Will changes to the regulation of solicitors fracture the consistent assurance of client protection? John Gould reports

  • Changes to regulation could erode public confidence that if a solicitor defaults there is some system of redress.

If there were a ‘Hippocratic Oath’ for regulators, the first promise to the gods of legal services ought to be to abstain from doing harm. Sometimes, however, something may be broken and need fixing or a compelling vision of the future cries out for reform. After all, times change.

Innovation often requires risk, which is why major legal changes are usually preceded by ‘impact assessments’; a cynic might say that such assessments have more in common with Mystic Meg than the application of the laws of gravity. It may turn out that changes do not have the predicted impact because they have no substantial impact of any kind—good or bad.

On 14 June 2018 the Solicitors Regulation Authority (SRA) announced changes to the regulation of solicitors following four years of development. The headline objectives of the changes present

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MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

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From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

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Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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