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28 October 2016 / Frank Maher
Issue: 7720 / Categories: Features , Profession
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A rogue in your midst (Pt 1)

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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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MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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