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28 June 2018 / John Gould
Issue: 7799 / Categories: Features , Regulatory , Profession
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First, do no harm

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Will changes to the regulation of solicitors fracture the consistent assurance of client protection? John Gould reports

  • Changes to regulation could erode public confidence that if a solicitor defaults there is some system of redress.

If there were a ‘Hippocratic Oath’ for regulators, the first promise to the gods of legal services ought to be to abstain from doing harm. Sometimes, however, something may be broken and need fixing or a compelling vision of the future cries out for reform. After all, times change.

Innovation often requires risk, which is why major legal changes are usually preceded by ‘impact assessments’; a cynic might say that such assessments have more in common with Mystic Meg than the application of the laws of gravity. It may turn out that changes do not have the predicted impact because they have no substantial impact of any kind—good or bad.

On 14 June 2018 the Solicitors Regulation Authority (SRA) announced changes to the regulation of solicitors following four years of development. The headline objectives of the changes present as things only old-fashioned professional protectionists would question. What’s

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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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