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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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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

HFW—Simon Petch

HFW—Simon Petch

Global shipping practice expands with experienced ship finance partner hire

Freeths—Richard Lockhart

Freeths—Richard Lockhart

Infrastructure specialist joins as partner in Glasgow office

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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