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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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