header-logo header-logo

08 July 2016 / Dr Tony Harvey
Issue: 7706 / Categories: Features , Profession
printer mail-detail

Towards the new Hammurabi?

The SRA’s attempt to introduce a code of solicitors’ ethics fit for the 21st century should be applauded, says Dr Tony Harvey

  • The SRA wants a clear, easy to understand, professional code of ethics for all solicitors and an entirely separate code relating to the obligations of the business. This approach is both radical and commendable.

Codes telling humanity how to live in the “right” way are nothing new. Perhaps the first is the Code of Hammurabi dating back some 3,000 years. Codes of professional ethics have similar provenance. Many will have heard of the Hippocratic Oath (School of Hippocrates around 420 BC) providing an ethical provenance for doctors and surgeons (“those who cut for stone”). Solicitors’ ethical provenance is rather more modern—the first Guide to the Professional Conduct of Solicitors having been published in 1960.

The Solicitors Regulation Authority (SRA) is the largest regulator of solicitors in the UK and the last major review of the Solicitors Code of Conduct was in 2010 giving rise to the SRA Code of Conduct

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
back-to-top-scroll