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Conduct, practice and risk management

SRA – ‘honesty’ and ‘integrity’

As solicitors will be aware, the SRA is introducing the new standards and regulations on 25 November 2019. In addition to new, separate codes of conduct for firms and solicitors, the SRA has reduced the principles from ten to seven. The SRA describes these as ‘the fundamental tenets of ethical behaviour that we expect all those that we regulate to uphold’. 
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Freelance solicitors – beware pitfalls

Solicitors are no doubt aware that the SRA is introducing the new standards and regulations from 25 November 2019, which include separate codes of conduct for solicitors and firms. A controversial aspect of the new regime will allow solicitors to do non-reserved work for unauthorised businesses or as a freelancer (subject to some restrictions). The SRA takes the view that more liberal practising rules will enable the public to access legal services more easily. The choices available to solicitors include working as:
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Client care letters - SRA guidance

The new codes of conduct for solicitors and firms come into force on 25 November 2019. The SRA is releasing guidance on various aspects of the new standards and regulations and has recently made comments about client care letters.

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Money laundering – mitigation of risk

Each month we consider conduct and practice issues relevant to busy practitioners. This month we will consider the ever-present issue of money laundering.
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Cybercrime – risks

Each month we consider conduct and practice issues relevant to busy practitioners. This month we will consider the ever-present risk of cybercrime. While a threat to all practice areas, it represents a significant risk to those carrying out conveyancing work due to the pressure of work and the sums of money going through client accounts.
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Conveyancing – conflicts

Each month we consider conduct and practice issues relevant to busy practitioners. This month we will consider some of the less obvious conflicts which might arise in a conveyancing matter.

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Confidentiality – existence and content of will

Each month we consider conduct and practice issues relevant to busy practitioners. This month we will consider the importance of keeping confidentiality in mind when disclosing the existence or contents of a will.
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Form OS1 – priority period

Each month we consider conduct and practice issues relevant to busy practitioners. This month we will consider the importance of the OS1 priority period to conveyancers.
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Most-read articles

LPAs – gifts by attorneys
Wednesday, 13 November 2019
Giving attorneys the power under an LPA to make gifts to others and themselves can invalidate it, the Office of the Public Guardian (OPG) has ruled in a test case. The law limits the power of... Read more...
VAT and disbursements – Law Society guidance
Wednesday, 13 November 2019
The Law Society has issued a detailed new practice note ‘VAT Treatment of Disbursements and Expenses’ (8 October 2019) following two recent cases in which the concept of disbursements has been... Read more...
Socialising with colleagues – a thing of the past?
Wednesday, 13 November 2019
 It is not the role of The Practical Lawyer to judge. But firms would be well advised to re-visit their attitude to lawyers socialising with each other following a recent high-profile case of the... Read more...
Trial bundles – careful preparation required
Wednesday, 13 November 2019
Rather like buses, one waits for judicial comment on court documents and trial bundles, and then two come along at once. An article discusses a recent case in which the court was unimpressed with the... Read more...
Infant approval hearing – top tips
Wednesday, 13 November 2019
An interesting article provides some practical advice on achieving the court’s approval in infant approval hearings. This is a mechanism by which the court considers and, hopefully, approves the... Read more...
Tenant Fees Act 2019 – fully into force
Wednesday, 13 November 2019
We have reported in our March 2019 (p27) and May 2019 (p28) editions on the introduction of the Tenant Fees Act which came into force for new tenancies and licences to occupy on 1 June 2019. The Act... Read more...
CVA – use to reduce rent
Wednesday, 13 November 2019
 If a limited company is insolvent, it can use a CVA to pay creditors over a fixed period. If creditors agree, the limited company can continue trading. The CVA has been used by companies in the... Read more...
Rectification of title – what is ‘exceptional’?
Wednesday, 13 November 2019
The HC has considered whether or not to correct a mistake on a registered title. Under Sch 4 LRA 2002 the court can order rectification but no order may be made without the proprietor’s consent in... Read more...
Paternity – best interests
Wednesday, 13 November 2019
What’s the court’s approach to paternity cases when the issue arises years after the child’s birth, and in circumstances where both child and F always believed F was the biological father, but... Read more...
Religious beliefs – not always protected
Tuesday, 12 November 2019
The ET has heard an interesting case relating to a person’s religious beliefs. The Equality Act 2010 legally protects people from discrimination in the workplace and in wider society. It replaced... Read more...

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