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22 February 2007 / Jay Tayler-webb
Issue: 7261 / Categories: Features , Profession
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Take control

Rule 5 need not be an irksome imposition, argues
Jay Tayler-Webb

The new Rule 5—Business Management in England and Wales (rule 5) says principals and directors of solicitors’ practices must “make arrangements for the effective management of the firm as a whole”, including:
 supervision over all staff;
 direction of clients’ matters;
 client care, costs information and complaints handling;
 equality and diversity;
 training;
 financial control of budgets, expenditure and cash flow;
 business continuity; and
 risk management.

Rule 5 also applies to employed supervising lawyers eg heads of department. The latest draft and accompanying guidance are on the Law Society’s website (see www.lawsociety.org.uk).

Compliance and survival

Rule 5 should not be regarded as yet another irksome imposition. Although its purpose is to protect the public, it will benefit law firms too.
Make no mistake, there are expert business managers out there, greedily eyeing up the legal services marketplace. They are jubilant as they watch barriers to entry being demolished by the Legal Services Bill’s progress through Parliament. They have a cunning strategy in place for taking significant

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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