*/
Editor: John Gould
Publisher: Jordan Publishing 2015
Hardback: £185 E book: £168
ISBN: 9781846619359
A modern, accessible, clear and updated guide to the law of legal services is to be warmly welcomed. However, as Lord Neuberger emphasises in his foreword, there are other important reasons for enthusiastically welcoming The Law of Legal Services.The need for a clear, concise and authoritative treatment of the regulation of barristers and solicitors has become vital. The book addresses the important issues in focused way, under convenient subheading so that it is easy to identify the passages in the book which are relevant to any particular topic which requires investigation and research. The simplicity of the language does not mask the subtlety of the legal analysis.
The regulatory, compliance and disciplinary systems are initially discussed and the book then focuses on the essential features of legal practice such as the client contract, barrister’s standard terms, fiduciary duties, legal privilege, negligence, the protection of goodwill, solicitors’ and barristers’ fees and the business of legal practice.
These critical areas are discussed in detail with great clarity. For example, there is a lengthy discussion of the fiduciary duties of lawyers extending to the case of advocates. The fiduciary duties owed to a client which go beyond the terms of a retainer are carefully examined, and there is a valuable assessment of the principles which apply to profits and benefits.
The law is covered up to May 2015. Although some later material is included, it does not extend to the important Supreme Court decision in R (Lumsdon & Ors) v LSB (2015). Nevertheless, recent developments are thoroughly reviewed – such as the recusal application in Rehman v BSB (2015) where the judge had been the pupil master to the BSB’s counsel and Fuglers v SRA (2014) which held that using the client account as a banking facilities which was unconnected with effecting transactions or underlying legal work. There are, however, the occasional omissions such as the interesting and successful challenge to the Legal Ombudsman in R (Crawford) v Legal Ombudsman (2014) and the unsuccessful challenge to the imposition of conditions by the Solicitors Disciplinary Tribunal in Ebhogiaye v SRA (2013).
The Law of Legal Services is an excellent addition to the library of anyone concerned with legal regulation.
Reviewer: Richard Clayton QC, 4-5 Grays’ Inn Square
A modern, accessible, clear and updated guide to the law of legal services is to be warmly welcomed. However, as Lord Neuberger emphasises in his foreword, there are other important reasons for enthusiastically welcoming The Law of Legal Services.The need for a clear, concise and authoritative treatment of the regulation of barristers and solicitors has become vital. The book addresses the important issues in focused way, under convenient subheading so that it is easy to identify the passages in the book which are relevant to any particular topic which requires investigation and research. The simplicity of the language does not mask the subtlety of the legal analysis.
The regulatory, compliance and disciplinary systems are initially discussed and the book then focuses on the essential features of legal practice such as the client contract, barrister’s standard terms, fiduciary duties, legal privilege, negligence, the protection of goodwill, solicitors’ and barristers’ fees and the business of legal practice.
These critical areas are discussed in detail with great clarity. For example, there is a lengthy discussion of the fiduciary duties of lawyers extending to the case of advocates. The fiduciary duties owed to a client which go beyond the terms of a retainer are carefully examined, and there is a valuable assessment of the principles which apply to profits and benefits.
The law is covered up to May 2015. Although some later material is included, it does not extend to the important Supreme Court decision in R (Lumsdon & Ors) v LSB (2015). Nevertheless, recent developments are thoroughly reviewed – such as the recusal application in Rehman v BSB (2015) where the judge had been the pupil master to the BSB’s counsel and Fuglers v SRA (2014) which held that using the client account as a banking facilities which was unconnected with effecting transactions or underlying legal work. There are, however, the occasional omissions such as the interesting and successful challenge to the Legal Ombudsman in R (Crawford) v Legal Ombudsman (2014) and the unsuccessful challenge to the imposition of conditions by the Solicitors Disciplinary Tribunal in Ebhogiaye v SRA (2013).
The Law of Legal Services is an excellent addition to the library of anyone concerned with legal regulation.
Reviewer: Richard Clayton QC, 4-5 Grays’ Inn Square
Editor: John Gould
Publisher: Jordan Publishing 2015
Hardback: £185 E book: £168
ISBN: 9781846619359
Our call for sufficient resources for the justice system and for the Bar to scrutinise the BSB’s latest consultation
Marie Law, Head of Toxicology at AlphaBiolabs, discusses alcohol testing for the Family Court
Louise Crush of Westgate Wealth explains how to make sure you are investing suitably, and in your long-term interests
In conversation with Matthew Bland, Lincoln’s Inn Library
Millicent Wild of 5 Essex Chambers describes her pupillage experience
Louise Crush of Westgate Wealth explores some key steps to take when starting out as a barrister in order to secure your financial future
From a traumatic formative education to exceptional criminal silk – Laurie-Anne Power KC talks about her path to the Bar, pursuit of equality and speaking out against discrimination (not just during Black History Month)
James Onalaja concludes his two-part opinion series
Expectations, experiences and survival tips – some of the things I wished I had known (or applied) when I was starting pupillage. By Chelsea Brooke-Ward
If you are in/about to start pupillage, you will soon be facing the pupillage stage assessment in professional ethics. Jane Hutton and Patrick Ryan outline exam format and tactics
In a two-part opinion series, James Onalaja considers the International Criminal Court Prosecutor’s requests for arrest warrants in the controversial Israel-Palestine situation