SEPTEMBER 2024 – ARTICLES & ITEMS OF INTEREST
CLIENT CARE FAILINGS – SOLICITORS FINED IN EXCESS OF £30,000
This month the Law Society of England and Wales website reported that two colleagues were fined in excess of £30,000 over client care failings on a property matter.
The two solicitors were sanctioned by the Solicitors Regulation Authority after each admitted failing to obtain clear instructions from a couple and failing to provide a client care letter.
One was partner, with 25 years experience, when the firm was instructed in relation to a loan agreement secured against a property registered to the clients, the other a Solicitor with 5 years PQE. The file was run by both the fee earner and the partner, with the partner being heavily involved.
The SRA said the client file showed a ‘clear lack on instructions’ and a failure to consider the risk of a conflict of interest existing on the matter. The transaction turned out not to have been in the clients’ best interests, despite the firm advising that the value of the property could have improved as a result of the matter.
Both solicitors admitted failing to act in the best interests of their clients by failing to adequately address or discuss with them the risks posed by the transaction.
Both expressed regret and remorse, the partner was fined £21,287 and agreed to pay £600 costs and the fee earner was fined £9,359 and agreed to pay £600. The SRA said the fee earner had direct control and responsibility for her actions, but acknowledged she was working alongside a more senior and experienced colleague.
To view this article in full see
LSRA NOTICES TO PUBLIC
This month the LSRA published two notices listing firm names and names of individuals holding themselves out as firms’ and solicitors’ entitled to provide legal services and having offices at the Capel Building, Mary’s Abbey, Dublin 7.
- MSD Law
- Lake Business Law
- Farnam Law
These firms’ are NOT registered with the Law Society of Ireland NOR do the individuals appear on the Roll of Practising Solicitors or Barristers and are NOT entitled to provide legal services in Ireland.
To view these notices in full and see the names of the Solicitors being used, see
https://www.lsra.ie/notice-to-public-re-msd-law/
https://www.lsra.ie/notice-to-public-re-lake-business-law-and-farnam-law/
SUSTAINABILITY: HOW YOUR CHANGES CAN MAKE A DIFFERENCE
On the 5 September 2024, the Law Society of Scotland’s website published an article on “Sustainability: How your changes can make a difference”. Sustainability Committee members Lynsey Whelan, Anne Littlejohn and Peter Brash share their own stories and how small or large changes can make a difference when done collectively.
To view their stories see https://www.lawscot.org.uk/news-and-events/blogs-opinions/sustainability-how-your-changes-can-make-a-difference/
Whether it is thinking about your transport, what you print at work, every positive action taken will make a difference in reducing the impacts of climate change.
The sustainability committee are aware that knowing where to start can be a challenge, so they have pulled together a wide range of tips covering every section to ensure sustainability and climate action is achievable. To view these tips see https://www.lawscot.org.uk/members/sustainability/
LEGAL PARTNERSHIPS
On the 27 September 2024, the Legal Services Regulation Act 2015 (Limited Liability Partnerships) Regulations 2024 (S.I. 488/2024) came into law, these revised regulations will revoke the exiting Legal Services Regulation Act 2015 (Limited Liability Partnerships) Regulations 2029 (S.I. No. 519/2019)
To view the new regulations see https://www.irishstatutebook.ie/eli/2024/si/488/made/en/print
For more information on LLPs, see https://www.lsra.ie/for-law-professionals/legal-partnerships/
LSRA PUBLISHES REPORTS AND RECOMMENDATIONS TO OPEN UP ACCESS TO THE LEGAL PROFESSION AND INCREASE DIVESITY
On the 18 September 2024, the LSRA published a series of research reports and recommendations for reforms to tackle economic and other barriers facing aspiring and early career legal professionals and to increase diversity in the legal professions.
The Breaking Down Barriers reports follow an extensive period of research and consultation following a request from the Minister for Justice for the LSRA to consider the “economic and other barriers that continue to be faced by young solicitors and barristers” as part of its ongoing work to open up the delivery of legal professional training.
The Authority’s research findings report summarises the following key barriers and challenges facing early career solicitors and barristers:-
- Costs of qualification and length of time it takes post-graduation before a prospective solicitor or barrister can expect to qualify and earn a reasonable salary.
- Lack of easily available, full and clear information for prospective solicitors and barristers about training and pupillage opportunities and selections processes, especially in relation to barristers.
- The main challenges facing early career solicitors are long working hours and lack of workplace flexibility and the impact of these on work-life balance.
- Early career self-employed barristers face considerable challenges in earning a living with job security and remuneration.
- Perception that the legal professions lack diversity and are heavily reliant on prior connections and networks, which may discourage candidates from underprivileged and underrepresented backgrounds from considering the professions as a career.
The reports set out the LSRA 32 recommendations for reform, which are designed to improve equality of access and entry into the legal professions and over time to achieve greater diversity within the profession.
To view these reports and see the summary findings in more detail see https://www.lsra.ie/lsra-reports-identify-entry-and-early-career-barriers-and-propose-reforms-to-open-up-access-to-legal-professions-and-increase-diversity/
ICO REPRIMANDS UK COMPANY FOR USING COOKIES WITHOUT CONSENT
On the 17 September, the Information Commissioners Office (ICO) published an article stating they had issued a reprimand to Bonne Terre Limited, trading as Sky Betting and Gaming, for unlawfully processing people’s data through advertising cookies without their consent.
From 10 January to 3 March 2023, Sky Betting and Gaming was processing people’s personal information and sharing it with advertising technology companies as soon as they accessed the SkyBet website – before they had the option to accept or reject advertising cookies. This meant their personal information could be used to target them with personalised adverts without their prior consent or knowledge.
To read this article in full see https://ico.org.uk/about-the-ico/media-centre/news-and-blogs/2024/09/action-taken-against-sky-betting-and-gaming-for-using-cookies-without-consent/
CYBER SECURITY LEGISLATION TO BE UPDATED
On the 2 September, the Irish Legal News published a new blog stating, “The general scheme of the National Cyber Security Bill 2024 has been published. The bill is the legislative vehicle for the transposition of the Network and Information Security Directive EU 2022/2555, also known as the NIS2 Directive. It also provides for the establishment of the National Cyber Security Centre (NCSC) on a statutory basis and for related matters including clarity around its mandate and role in general. Introduced in 2023, the NIS2 Directive is the EU-wide legislation on cybersecurity. It provides legal measures to boost the overall level of cybersecurity in the EU.”
To view this see https://www.irishlegal.com/articles/cyber-security-legislation-to-be-updated
For more information on this, see the government publication https://www.gov.ie/ga/foilsiuchan/229af-general-scheme-of-the-national-cyber-security-bill-2024/
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