If there is one thing that we all should have learned over the past year it is that we cannot predict with any certainty what is just around the corner and how it will affect us, our businesses and our daily lives. In this article we look at the importance of business continuity planning.
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Articles
Recommendations and Referrals
The history of referrals and recommendations, in particular the payment of referral fees, is a long and chequered one that for many years divided opinion. The introduction of the SRA Standards and Regulations has not done a great deal to change the overall position but it has, unfortunately, gone some way towards confusing the position by dealing with both in the same paragraph. Here we look at the current regulatory position.
Of Ravens and Writing Desks – Guidance on the new Standards and Regulations
As if by way of celebration, the SRA have published a total of 54 new or updated guidance notes explaining what is meant in the “shorter” new Standards and Regulations. For those trying to make sense of the new regulatory regime, the guidance is very welcome as are many of the other thoughtful features the SRA have incorporated. There is still, however, a lot of regulatory material.
Standards and Regulations 2019 – Providing a Competent Service
In this article we look at Paragraph 3 of the Code for Individuals and Paragraph 4 of the Code for Firms and consider issues of taking the client’s instructions, vulnerability, competence and supervision.
Standards and Regulations 2019 – The Maintenance of Trust and Proceedings before Courts
Here we look at at the four topics addressed in the first part of the forthcoming Codes of Conduct, namely discrimination, taking unfair advantage, undertakings and msleading the court and, since it follows on from the last of these, we look also at the second section of the Code for Individuals entitled “Dispute resolution and proceedings before courts, tribunals and inquiries”.
Standards and Regulations 2019 – Flexibility and New Ways to Practise
In this, the first of a series of articles looking at the forthcoming New Regulations, we will look at the extent to which flexibility of practice will be created under the New Regulations.
Making Your Practice More Cyber Secure
Lawyers are increasingly at risk of being the target of some form of cyber attack and need to take steps to ensure their firms are secure from such an attack. Here we consider some of the issues that need to be considered.
Lowering the Standard on the SDT Flag Pole
Solicitors Disciplinary Tribunal (SDT) announces move to civil standard of proof on the same day the new SRA Standards and Regulations come into force.
The Demise of the Regulatory Ostrich?
Recent years have seen an increase in regulatory complacency as firms struggle to balance compliance with the pressures of fee-earning. In this article we consider if this is something that is coming to an end as more regulatory checks are proposed.
Conveyancing Quality Scheme – the New Provisions
We look at the new standards for the Law Society’s Conveyancing Quality Scheme (CQS) and at where it differs from the previous version.
Signposting the Impact of Brexit on Law Firms
Here we look at some of the issues that firms need to think about in relation to Brexit – whatever the outcome – and at some of the resources available onlione to help them to plan what they need to do.
The Potential Perils of Electronic Communications
Whilst GDPR and the Data Protection Act have dominated issues relating to privacy over the past year or so, there are other privacy requirements of which firms need to be aware. Key amongst these is the Privacy and Electronic Communications (EC Directive) Regulations 2003. Here we look briefly at the areas which this affects and at some forthcoming changes which could impact upon the liability of some law firms.
The Problems of the Toxic Workplace
The extent to which the working environment can affect how people work was highlighted in the decision of the High Court in SRA v James & Ors. This article looks at issues relating to the toxic workplace.