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A rogue in your midst (Pt 1)

28 October 2016 / Frank Maher
Issue: 7720 / Categories: Features , Profession
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Frank Maher commences a series of articles on rogue partners & employees

This is the first of three articles on practical problems caused by rogue partners and employees. This will look at what we mean by rogues. The second will look at how we find them. The final one will look at practical steps you need to take if you have the misfortune to find one, and some which you may usefully consider before you have such misfortune.

Cognitive bias

It is easy to think it does not apply to you—you trust your people and someone stealing from client or office account is not going to happen. Cognitive bias makes people believe it will happen only to others and not to themselves.

However, there are two answers to this. First, we are not only looking at people who steal money, but anyone whose failure to comply with your standards and rules may threaten the fabric of the firm. Second, whether you take the narrow (theft from client or office account) definition

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NEWS
Lawyers and users of the business and property courts are invited to share their views on disclosure, in particular the operation of PD 57AD and the use of Technology Assisted Review (TAR) and artificial intelligence (AI)
Social media giants should face tortious liability for the psychological harms their platforms inflict, argues Harry Lambert of Outer Temple Chambers in this week’s NLJ
The Leasehold and Freehold Reform Act 2024—once heralded as a breakthrough—has instead plunged leaseholders into confusion, warns Shabnam Ali-Khan of Russell-Cooke in this week’s NLJ
The Employment Appeal Tribunal has now confirmed that offering a disabled employee a trial period in an alternative role can itself be a 'reasonable adjustment' under the Equality Act 2010: in this week's NLJ, Charles Pigott of Mills & Reeve analyses the evolving case law
Caroline Shea KC and Richard Miller of Falcon Chambers examine the growing judicial focus on 'cynical breach' in restrictive covenant cases, in this week's issue of NLJ
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