Letters roundup: 23 February 2024

No ethical lacuna in the rules

 

I read the report (News Focus, 16 February) on the comments made about regulation by the departing chief executive of the Legal Services Board with interest.

 

I took away two points. First, Matthew Hill was critical of the SRA in that (he says) the regulator has failed to do enough to enforce a higher standard of professional ethics. Second, he thought that the legal professions in general need (I am paraphrasing here) to consider the spirit of the rules more than abiding by the letter of them.

 

I observe that the LSB regards the SRA as ‘satisfactory’ in the way it goes about its function. Leaving aside that the LSB is apparently alone in holding that view, it is hard to square it with the failure he believes exists in respect of ethical standards.

 

Be that as it may, I am still unclear where he considers there is an ethical deficit. The issues he cites are (a) SLAPP litigation, (b) non-disclosure agreements, and (c) the behaviour of lawyers involved in the Horizon scandal.  

 

What more does he think needs to be done? What changes to the rules does he propose?

 

As far as I can see, his (somewhat airy) belief is that, if the profession had truly ethical standards, then these would never have been issues at all. I suppose that he is correct, in that if there were no solicitors who were prepared to break the rules then these would never have arisen as problems. But that is hardly an argument in favour of the suggestion that the whole profession needs an ethical upgrade.

 

The first problem with his argument is that, absent any rule of law or professional conduct setting out what we may or may not do, we are forbidden to impose our ethical standards on our clients. If you cannot reconcile the work with your personal ethics, do not do the work. It is a fortunate lawyer who is never faced with a conflict between what the client wants and the solicitor’s view of what is ethically correct.

 

The more obvious problem is that the [breaches] he raises are already not permitted either by our professional rules, by our duty to the court or by the law of the land. A solicitor who assists a client in bringing a hopeless claim where he knows the claim has been brought with the express purpose of putting the defendant under such financial pressure that they will not make any public criticism, is in breach of his duty to the court by assisting in an abusive claim.

 

A solicitor who drafts an NDA with the express purpose of attempting to conceal the commission of a crime by a client risks criminal prosecution.

 

Finally, as Professor Richard Moorhead observed in the same report, it is quite likely that some of the lawyers who acted for the Post Office will face professional, and in some cases criminal, consequences.

 

I confess, on the basis of the example [Matthew Hill] provides, I cannot see any lacuna (ethical or otherwise) in the rules.

 

J Howard Shelley

KJ Conroy & Co, Birmingham

Protecting the most vulnerable in Liverpool

 

Liverpool is and always has been a welcoming city. We remain committed to ensuring that the most vulnerable are cared for and provided with a safety net, in accordance with statutory obligations. This is particularly the case regarding those at risk of homelessness and people found rough sleeping.

 

So it was with genuine disappointment to read your article (‘Left in the lurch’ in Liverpool, 9 February) as it included some inaccurate information that brought our commitment into question.

 

On the specifics, and to reassure your readers, Liverpool City Council does operate a face-to-face service for people who are homeless. Equally, the claim that the city’s rough sleeping response is conducted via an online or telephone system is untrue.

 

We have a 24/7 street-based Assertive Outreach team. They work 365 days a year and provide robust and accurate information regarding the individuals rough sleeping and the plans needed to support them to leave the streets. In 2023 the team helped over 100 people per month off the street and into support.

 

The reference to Labre House as a ‘last ditch night shelter’ is also a misrepresentation. This was an emergency night centre for rough sleepers, which had to be closed for safety reasons during the Covid-19 pandemic.

 

Since then, the council has commissioned additional ‘First Step from the Street’ accommodation solutions across three sites, in buildings that are staffed 24/7 and that offer a wide range of additional help and support. We have also block-booked B&Bs and provide access to other temporary accommodation providing a wide range of multi-disciplinary services for people with multiple needs.  

 

In regard to Vauxhall Law Centre, the council has always sought to work in partnership with the VLC and is currently doing so to resolve both individual cases and to discuss policy and process issues.

 

Further to this, the council works very closely with partners such as Crisis, Shelter, YMCA and the Whitechapel Centre where collaborative working has meant that despite enormous pressures we continue to tackle homelessness in the city in a proactive manner.

 

Indeed, over the last year, we have increased capacity in the Homelessness Service by an additional 18 staff, speeding up decision-making and further improving our service delivery to homeless applicants.

 

Protecting our must vulnerable remains a cornerstone of the council.

 

There is work to do, but the focus is very much centred on supporting those people.

 

Cllrs Liam Robinson & Sarah Doyle

Council leader/cabinet member for housing

Liverpool City Council

Israel’s ‘response’

 

Joshua Rozenberg’s article (‘Protesters forced government’s hand on new curbs’, 16 February) refers to 7 October 2023 as the date that Hamas terrorists murdered and kidnapped hundreds of Israelis, ‘forcing Israel to respond’.

 

The response was a decision made by the Israeli government. It would therefore have been more accurate to have written ‘with the easily predictable consequence that Israel would respond’.

 

Peter Davis

Welwyn, Herts