Misconduct outside of legal practice (Pt 2)

In brief

• Existing concepts and approach can obscure the basis upon which the facts of outside conduct should be considered.
• Whether tribunal decisions and regulators’ policies apply principles consistently and transparently.

In the first part of this article I suggested that in order for conduct outside of practice to be the proper concern of a regulator, it should be both serious and demonstrably relevant to practice. The standard should be that required of a solicitor outside of practice, not a well-behaved member of the public and that standard has to be set on the basis of the requirements of practice not any notion of general ethical worth.

I also cast doubt on two concepts commonly used in allegations to establish a connection between outside conduct and legal practice. These were rules requiring the upholding of the rule of law and the maintenance of public confidence in lawyers.

In this second part, I am