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Integrity v profit: mixed motives?

10 May 2024 / Sir Geoffrey Bindman KC
Issue: 8070 / Categories: Features , Profession , Regulatory
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Solicitors must serve the public as well as their clients, writes Sir Geoffrey Bindman KC

On 19 January 2024, the Solicitors Regulation Authority (SRA) issued a statement about the Post Office Horizon IT scandal, which it is investigating. The SRA reminds us that its rules provide that ‘solicitors must work to high professional and ethical standards. This includes upholding the rule of law, acting with integrity, and in a way that upholds public trust and confidence in the profession. As officers of the court, solicitors should never put other interests—such as the outcome for their client—above the law and the proper administration of justice.’

I am proud to belong to a profession which upholds such standards, but translating them into enforceable (and enforced) regulation has been problematic. The main reason is the ambiguity of the solicitor’s role. As an integral component of the justice system, solicitors apply their knowledge and skill in mitigating the inability of the legally unskilled to navigate complex rules and procedures. That is a public responsibility.

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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