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12 March 2009 / John Randall
Issue: 7360 / Categories: Features , Profession
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Intolerable strain

The single regulatory framework is out of step with today’s marketplace.
John Randall explains why

For the last quarter of a century, regulation of the solicitors’ profession has been guided by Lord Diplock’s dicta in Swain v The Law Society [1983] 1 AC 598, [1982] 2 All ER 827 that rules should be made in the interests of “that section of the public that may be in need of legal services”. Today, that section of the public is no longer homogeneous, and its diverging interests place intolerable strains on a single regulatory regime. Public interests not only diverge, but can collide.

The rule on conflict that protects the interests of the private client in a matrimonial matter, or a small business dealing with its landlord, can act against the interests of sophisticated corporate clients, wishing to instruct a particular firm because of the scale, expertise, quality and global reach of its specialist services. For corporate clients information barriers may be sufficient to protect their interests. A rule that is appropriate to protect an unsophisticated client may

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
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