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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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

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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