Solicitors have been issued with a stern warning not to become ‘hired guns’ when engaged in litigation. The Solicitors Regulation Authority (SRA) this week refreshed its Balancing Duties in Litigation paper on professional misconduct. While solicitors have a duty to act in the best interests of clients, they also have obligations to the courts, third parties and to the public interest, and must act with integrity and uphold the rule of law. SRA chief executive Paul Philip gave as an example of misconduct ‘including clauses in non-disclosure agreements which seek to prevent lawful disclosure of harassment or discrimination’.
28 November 2018
No ‘hired guns’, SRA warns
MOVERS & SHAKERS
Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson
Firm awards training contracts to paralegals through internal programme
Ward Hadaway—Matthew Morton
Private client disputes specialist joins commercial litigation team
Thomson Hayton Winkley—Nina Hood
Cumbria firm appoints new head of residential property
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
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’
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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