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15 November 2007 / Simon Young
Issue: 7297 / Categories: Features , Risk management
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Risk management focus

SOLICITORS CODE OF CONDUCT 2007 >>
MINIMUM INTERRUPTION TO CLIENT BUSINESS >>
ABSENCES WITHIN FIRMS >>

 What’s all this about having to make a plan under the new rules for what happens to the firm in the event of a disaster? How on earth do I know what might happen?

You’re quite right, there is a provision in the Solicitors Code of Conduct 2007 which is relevant. You can find it in rule 5.01(1)(k). You’ll remember that rule 5.01 generally makes it a collective responsibility of all partners to ensure there are effective processes for various things.

Well, for this one, the idea is simple enough: it just says you have to make arrangements for the continuation of the practice of the firm in the event of absences and emergencies, with the minimum interruption to clients’ business.

Well, of course I want to protect the partners, but why should this be a matter for the regulators?

You’re missing the point. This isn’t a rule for your benefit; it’s for the benefit of the client. What it is designed to avoid is danger to the

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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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