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18 November 2020 / John Gould
Issue: 7911 / Categories: Features , Procedure & practice , Disciplinary&grievance procedures
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Misconduct outside of legal practice (Pt 2)

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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

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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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