header-logo header-logo

18 November 2020 / John Gould
Issue: 7911 / Categories: Features , Procedure & practice , Disciplinary&grievance procedures
printer mail-detail

Misconduct outside of legal practice (Pt 2)

32370
John Gould considers the characteristics which should mark outside conduct as professional misconduct

In brief

  • Existing concepts and approach can obscure the basis upon which the facts of outside conduct should be considered.
  • Whether tribunal decisions and regulators’ policies apply principles consistently and transparently.

In the first part of this article I suggested that in order for conduct outside of practice to be the proper concern of a regulator, it should be both serious and demonstrably relevant to practice. The standard should be that required of a solicitor outside of practice, not a well-behaved member of the public and that standard has to be set on the basis of the requirements of practice not any notion of general ethical worth.

I also cast doubt on two concepts commonly used in allegations to establish a connection between outside conduct and legal practice. These were rules requiring the upholding of the rule of law and the maintenance of public confidence in lawyers.

In this second part, I am going to suggest that relevance would be more appropriately established

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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll