The Practical Lawyer

If you have legal expenses insurance, then you should be able to choose you own solicitor. In an important decision, the High Court has confirmed this, despite the opposition of the insurance industry. But, the Legal Expense Insurance Regs 1990 say:

The Legal Ombudsman will now start publishing the names of lawyers where there is a 'pattern of complaints' against them, or where it is in the 'public interest' to do so. Just what constitutes a 'general pattern of complaints' will probably cause much debate. But, this controversial move is going ahead, despite fierce opposition from the Law Society. As a note in the Solicitors Journal points out, if a complaint about your firm ends before the Ombudsman then the best advice is to take active steps to:

The founders of QualitySolicitors have sold a majority stake to a private equity company. Just how all the member firms (who typically pay 5% per cent of turnover) feel about this is not clear. [2011] LSG 20 October. For its part, the Co-op is to launch a family law service in the middle of next year, offering a range of fixed-price family legal services (and it may well bid for a legal aid contract). [2011] LSG 3 November.

The Information Commissioner's Office (ICO) has repeated its warnings about the need to encrypt electronic devices containing data that would cause distress or damage if lost or stolen.

We all know that the SRA has widespread new enforcement powers. However, the new power which may cause the most immediate problems for some firms is that relating to outsourcing.

Will a salaried partner, fixed-share partner, or a junior equity partner be a genuine partner (as opposed to an employee)?

From a money laundering perspective, is it acceptable to accept a transfer of funds from a bank on the basis that the bank must have its own checks and procedures (ie the money must be clean by the time it reaches the firm's account)?

The High Court has held that the members of an LLP do not owe fiduciary duties to each other.

To what extent can a solicitor rely upon advice given by counsel?

Only employees have a statutory right to maternity leave, or paternity, adoption or parental leave, and to receive statutory maternity or paternity pay. But, discrimination law does give some protection to pregnant partners, because discrimination on the grounds of pregnancy or child birth is a 'protected characteristic' under Equality Act 2010.