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31 May 2018
Issue: 7795 / Categories: Legal News , Profession
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Time to lower the bar for solicitors’ misconduct?

It’s time the standard of proof in the Solicitors Disciplinary Tribunal (SDT) was lowered from Beyond Reasonable Doubt to Balance of Probabilities, according to a senior solicitor.

Unusually when compared to other professional disciplinary tribunals, allegations against solicitors must be proved to the criminal standard.

‘One of the few exceptions, the Bar Standards Board, has already announced that it will be abandoning the criminal standard of proof in 2019,’ writes John Gould, senior partner at Russell-Cooke, in NLJ this week.

‘The only other exception, I believe, is The Royal College of Veterinary Surgeons which applies what it describes as the highest civil standard “so as to be sure” that the charge is proved.’

Gould asks whether it can be right that some solicitors still in practice have been adjudged as probably dishonest.

Last month, the SDT announced in its annual report that it will launch a consultation later this year on whether the burden of proof for misconduct cases should be lowered to the civil standard.

Issue: 7795 / Categories: Legal News , Profession
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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

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The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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