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Regulation matters: a duty too far?

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Clare Hughes-Williams & Tom Bedford highlight the importance of ensuring solicitors stay on the right side of the line when acting in their clients’ interests
  • Any conduct by a solicitor which could be regarded as an attempt to further their client’s agenda at the expense of their duties to the public and the court is likely to be the subject of regulatory scrutiny.
  • Practitioners must bear in mind that the outcome of a case will never be more important than the duty to comply with their obligations.

Following a recent investigation, The Daily Mail has asserted that it has uncovered allegedly questionable practices on the part of some law firms when completing asylum applications for their clients. It is said that applicants were advised to embellish their applications and that they were coached and generally encouraged to behave in a dishonest way, with the sole purpose of succeeding in obtaining asylum. This has caused a political furore at the highest levels of government. The

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The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
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