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05 January 2017
Issue: 7728 / Categories: Legal News
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In-house lawyers face conflict

The Financial Conduct Authority (FCA) should exclude in-house legal teams from its reporting and accountability regime as in-house lawyers could face a conflict of interest with their employers, the Law Society has said.

Responding to an FCA discussion paper on how and why the legal function is captured under the Senior Managers and Certification Regime (DP16/4), Law Society chief executive Catherine Dixon, who resigned this week, said in-house lawyers would be unable to do their job effectively if they were part of the regime.

“Tensions could arise where demands of compliance with the senior managers regime (SMR) collide with their role as legal adviser to the organisation they serve,” she said.

“It could result in the organisation not getting the expert in-house legal advice they need—which is not in the interests of the organisation or the regulatory authority conducting any investigation as it could result in the organisation not doing the right thing or in delays whilst external advice is sought.

Issue: 7728 / Categories: Legal News
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MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
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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