UKLawyers Archive of Legal Practice and Lawyers Materials - March 2006

 Materials published by us on 30 March 2006

Judicial Discipline
The Judicial Discipline (Prescribed Procedures) Regulations 2006
SI 2006/676
Explanatory Memorandum
The regulations prescribe the procedures to be followed in the
investigation and determination of allegations of misconduct by
judicial office holders under chapter 3 of Part 4 of the
Constitutional Reform Act 2005 (c.4). The procedures govern the
exercise of the Lord Chancellor's powers to remove judicial office
holders and the Lord Chief Justice's statutory powers formally to
advise, warn or reprimand them, or to suspend them from office.
Coming to force 3 April 2006
 
Legal Aid Financial Limits Increase
Community Legal Service (Financial) (Amendment) Regulations 2006.
SI 2006/713 
Commences 10 April 2006
Increases Benefit limits for legal help etc

Materials published by us on 16 March 2006

Complaints Commissioner Uses Final Report to Voice Concern
Over Proposed Office for Legal Complaints
Bar Council Press Release
20 March 2006
The outgoing lay Complaints Commissioner, Michael Scott, who has
fielded complaints about barrister for the last nine years, has
spoken of his concerns regarding the proposed new regulator for
the legal profession, the Office for Legal Complaints (OLC).  
There is considerable scope in these proposals for greater delay,
confusion between the OLC and the Front Line Regulators and for
the loss of the real expertise that the Bar provides in the
analysis of complaints.  I am worried that consumers will be worse
off as a result.

Solicitors Must Not Be Penalised for Failings of
Legal Services Commission
Law Society Press Release
20 March 2006
The Legal Services Commission should not try to recoup legal aid
money allegedly owing in cases completed decades ago, as
solicitors' files have long since been destroyed.  The Law
Society, the professional body for solicitors, is concerned that
its members are being penalised unfairly by the commission's
failure to reclaim money in a timely way.
 
HSE Interview Guidance
Law Society Guidance
Friday 17 March 2006
This guidance is issued by the Rules & Ethics Committee of the
Regulation Board, on the 17 March 2006.
Is it ethically appropriate for solicitors who act for an employer
(either in house solicitors or solicitors in private practice) to
be present at the Health and Safety Executive's Inspector's
interview of an employee following a work related incident?
 
E-Business Newsletter – Issue 4
Law Society Newswire
16 March 2006
This edition contains:
Information security guidelines planned for solicitors
Home Information Packs: Minister makes statement
HM Courts Service Business Strategy launched
DTI Information Security Breaches Survey results 2006
Security corner - strategies for keeping the bad guys out
Electronic Law Committee news
Information Technology and the Courts Committee (ITAC)
 
Shock As Partners in Firms Are Excluded From
Default Retirement Age
Law Society Press Release
14 March 2006
The Law Society is urging its members to be aware that new
employment laws which come into force on 1 October apply to the
compulsory retirement of partners without any limitation. The
exception for retirement at 65 or above (the national default
retirement age) applies only to the retirement of employees, and
not to partners.

Materials published by us on 16 March 2006

Carter Review: Show Us the Evidence
Law Society Press Release
10 March 2006
http://digbig.com/4gsff
Much work is still needed to refine the impact of each proposal
before the final report in May. The Society's engagement will
include resistance to any proposals we believe are against the
best interests of clients and the dedicated practitioners who
serve them. We seek empirical evidence in support of all proposals
 
Publishing Disciplinary Findings 
Bar Council News
8 March 2006
http://www.barcouncil.org.uk/document.asp?documentid=3724
The [new] policy provides that findings against barristers
resulting in sentences that do not include a period of suspension
or disbarment will only be posted on the website for a period of
two years normally starting from the date of the decision.
However, where a suspension or disbarment is involved, the finding
will remain on the website indefinitely.

Materials published by us on 9 March 2006

On the Campaign Trail

Bar Council Chairman Address
March 2006
As everyone knows we are engaged in a relentless campaign to
rationalise and improve remuneration for the publicly funded Bar,
writes Stephen Hockman QC.  A key aim of our Carter team, so ably
led by Geoffrey Vos QC, the Vice-Chairman of the Bar, has been to
ensure that Lord Carter recognises the vital role of the advocate
in criminal proceedings
 

Appointment of Legal Services Ombudsman and

Legal Services Complaints Commissioner

DCA Press Release
2 March 2006
. . . announced the re-appointment of Zahida Manzoor CBE, as Legal
Services Ombudsman (LSO) and Legal Services Complaints
Commissioner (LSCC).  Ms Manzoor was first appointed as LSO for
England and Wales in January 2003 and appointed to the additional
role of Legal Services Complaints Commissioner in February 2004.