header-logo header-logo

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

Nature or nurture?

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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll