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21 September 2012 / Richard Moorhead
Issue: 7530 / Categories: Features , Profession
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Nature or nurture?

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Richard Moorhead wonders what makes professionals tick

The SRA has published an interesting piece of research on what might make solicitors comply with their professional obligations (SRA (2012) Attitudes to regulation and compliance in legal services). It is based on a tool developed by the Dutch Ministry of Justice for considering and monitoring regulation strategies.  It is called the Table of 11 because it breaks compliance into 11 factors suggesting that compliance can be voluntary (or spontaneous); or driven by monitoring or sanctions.

The model predicts that spontaneous compliance will depend upon:  the lawyer’s knowledge of the regulations; the cost / benefit of compliance; the degree to which regulation in the area is accepted; the loyalty and obedience of the lawyer; and the existence of informal monitoring. 

Aspects of monitoring influencing compliance include the probability a problem will be identified by informal or formal monitoring, other forms of detection and the extent to which monitoring is targeted.

Punishment makes up two elements of the model: the chance of sanctions and the severity of

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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