header-logo header-logo

Nature or nurture?

21 September 2012 / Richard Moorhead
Issue: 7530 / Categories: Features , Profession
printer mail-detail
moorhead_pic_4

Richard Moorhead wonders what makes professionals tick

The SRA has published an interesting piece of research on what might make solicitors comply with their professional obligations (SRA (2012) Attitudes to regulation and compliance in legal services). It is based on a tool developed by the Dutch Ministry of Justice for considering and monitoring regulation strategies.  It is called the Table of 11 because it breaks compliance into 11 factors suggesting that compliance can be voluntary (or spontaneous); or driven by monitoring or sanctions.

The model predicts that spontaneous compliance will depend upon:  the lawyer’s knowledge of the regulations; the cost / benefit of compliance; the degree to which regulation in the area is accepted; the loyalty and obedience of the lawyer; and the existence of informal monitoring. 

Aspects of monitoring influencing compliance include the probability a problem will be identified by informal or formal monitoring, other forms of detection and the extent to which monitoring is targeted.

Punishment makes up two elements of the model: the chance of sanctions and the severity of sanctions. 

As such the approach seeks to provide understanding

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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll