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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

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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