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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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
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Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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