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27 September 2007 / Richard Harrison
Issue: 7290 / Categories: Features , Procedure & practice , Profession
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Confronting the code

The new code of conduct requires a formal contractual approach, not woolly marketing-speak, says Richard Harrison

No other profession so loathes itself. No profession is as highly regulated in terms of control of charging and detailed—arguably overbearing—client care requirements. The self-abasement inspired by public perception of the grasping, obfuscating solicitor has reached its apotheosis in the new Solicitors’ Code of Conduct which came into force on 1 July 2007—and we cower before our regulators.

The requirements have no doubt built up from past scandals, badly reported news items and misconceived judicial comments. Yet we must now live with it. The profession and its critics, in the judiciary and elsewhere, have now become focused on the client care letter. This was originally known as a rule 15 letter and, from some time in the early 1990s, the Law Society seems to have promulgated a precedent which most law firms have assiduously adopted and which somewhere contained the meaningless jargon:

“We aim to provide you with a high quality and cost effective service.”

It brings to mind those human resource consultants who place trite drivel

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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