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Money laundering – update

The SRA has updated its guidance on MLR responsibilities. This new guidance is far more prescriptive of the measures that firms must take to ensure compliance.

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Professional – update

 A reminder that internal e-mails can result in SRA action; for a case involving sexist, racist and homophobic e-mails sent to a work colleague see [2018] LSG 12 February 2.

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Clients – advice warning?

To what extent should you warn a client that your advice may be wrong? The answer is that a warning should be given when there is a ‘significant risk’ about the construction or interpretation of the law.

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Professional – update

Allegations of sexual harassment made against solicitors and those working in legal practice must be reported to the SRA. Harassment includes ‘patronising’ sexism, taunting or predatory behaviour. A solicitor who ‘engages in sexual harassment’ is likely to have breached SRA principles and the Code of Conduct (including a failure to uphold the law or to act with integrity). This guidance comes from the Law Society and is far more unequivocal than previous statements. See [2017] LSG 27 November 1.

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Professional – update

There was much publicity about the Supreme Court decision involving the professional gambler who successfully ran a ‘sting’ against Crockfords. In essence, the court decided that the issue of whether conduct is honest or dishonest is applied using an objective standard; there is no longer a requirement that the defendant must appreciate that what they have done is ‘dishonest’.

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Team moves – covenants?

To what extent can a firm protect itself against a ‘team departure’?

There will undoubtedly be duties owed to the departing partners that are set out in the partnership (or LLP) agreement. In addition there may well be fiduciary duties of good faith and fidelity implied by law. But, it is the restrictive covenants that are likely to be the main focus of attention.

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Law firm – closure

The options for a solicitor wanting to retire (or simply to give up legal practice) are: closure; sale of all or parts to another firm; internal acquisition by a solicitor; creating an ABS to enable a non-lawyer to own the business; or external parties agreeing to buy and operate the firm under its current name.

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Solicitors Journal – demise

The oldest legal journal is (or was) the Solicitors Journal.

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Professional – update

The economy may have stood still in recent years, but that has not stopped the solicitor profession growing in size: there are now 140,000 (an increase of 15,000 in the last five years!). It does seem an unsupportable growth rate [2017] LSG 23 October 1.

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SRA – principles, not rules

The SRA has a new focus on ‘principles’ and ‘professional judgement’, as opposed to ‘rules’.   

Inevitably, a principles-based approach is more uncertain than a rules-based approach, and it is therefore more important for firms to have a recorded set of strong systems and controls which are implemented consistently across the firm.  

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Most-read articles

Court of Protection – trust deputies
Friday, 13 April 2018
How does the CoP approach an application to appoint a trust corporation as a deputy? HHJ Hilder has, in a recent CoP ruling involving 36 applicants and 11 trust corporations, analysed the law on the... Read more...
Professional – update
Friday, 13 April 2018
 A reminder that internal e-mails can result in SRA action; for a case involving sexist, racist and homophobic e-mails sent to a work colleague see [2018] LSG 12 February 2. Read more...
CFA – assignment
Friday, 13 April 2018
The introduction of LASPO in April 2013 caused problems for clients who already had CFAs, but then wanted to move to another firm. Read more...
Agent of change – new builds?
Friday, 13 April 2018
The ‘agent of change’ principle has been hotly debated in planning circles for some time. Indeed, the concept is likely to feature in the revised National Planning Policy Framework and the draft... Read more...
Withdrawing admissions – increase in value?
Friday, 13 April 2018
Suppose a defendant is faced with a low-value claim and decides to admit liability; later, it turns out that there is a significant increase in the value of the claim. At that stage, can the... Read more...
Service charges – estoppel?
Friday, 13 April 2018
Suppose service charges have been raised for many years in a way that does not properly accord with the wording of the lease; if T subsequently questions those service charges, can L argue that... Read more...
Service charges – code of practice
Friday, 13 April 2018
The RICS has published the proposed changes to its Code of Practice on service charges. The important change is that RICS members must act in accordance with eight core principles; the Code is no... Read more...
Japanese knotweed – nuisance
Friday, 13 April 2018
One of the (potentially) most important decisions last year was a humble county court case in which it was held Network Rail was liable after Japanese knotweed grew close to neighbouring terraced... Read more...
Adoption – new regulations
Friday, 13 April 2018
 A number of new provisions in relation to adoption are in force (as of 5 January 2018) under the Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018. Read more...
Sickness – on holiday
Friday, 13 April 2018
 A worker who falls ill during annual leave is entitled to take that holiday leave at a later date. This is so whether the sickness commenced before, or during, the holiday. Read more...

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