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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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NEWS
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

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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