Senior partner John Gould and partner Michael Stacey have contributed an article to Solicitors Journal discussing the challenge litigators face in balancing competing professional duties to their clients and the Court.
They explain that, while legal principle dictates that solicitors are servants of the court in priority to being representatives of their clients and therefore client service must fall within the boundaries of professional conduct, there are certain areas of work where the risk of wrongdoing is most pronounced including the preparation of witness statements, disclosure of material documents and Strategic Law Suits Against Public Participation (SLAPPs.)
Solicitors playing fast and loose with their professional duties in litigation is a little like drunk driving. A person may get away with it, they may be caught or they may inflict real harm on others. If in doubt, the best advice is to err on the side of caution and consult senior colleagues. Client dissatisfaction is ephemeral, career ending misconduct is not.”
The article is available to view at Solicitors Journal by subscription only.
John Gould is senior partner in the regulation and public law team advising regulators, government departments, law enforcement agencies, charities and statutory & professional bodies in connection with complex regulatory issues. Michael Stacey is a partner in the regulation and public law team specialising in regulatory and public law and disputes involving professional practice.
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