Reviewed by: David Pickup
Author: Andrew Hopper QC and Gregory Treverton-Jones QC
Publisher: The Law Society Publishing
ISBN: 9781907698293
Price: £74.95
It only seems a short while since the 2011 edition came out at the same price of £74.95. The first question is: do we need another one? The answer is not only yes we do but we also need to retain last year’s as incidents may come to light that were dated from when the previous set of rules applied. The reason a new handbook is needed is there have major changes to the profession including a new code of conduct, new accounts rules and now ABSs - nothing to do with brakes - but alternative business structures.
Whether the profession wants or can cope with the rapid changes that face it is another question. My concern is that the pressure on the profession has never been greater with rising costs and decreasing income. The practitioner has fewer resources such as time or money to supervise themselves. Sadly it seems to me that some of the people coming out of law colleges are not well-trained in the basics of accounts and dealing with clients. The pace of change is alarming. Sadly the rules are not always clear.
There are too many instances of rules, which say for example: 'never do x unless where you must do x'. Technically accurate but not always helpful. If you have a client who tells you his neighbour is a paedophile and he is going to kill him and then himself - the rules will not really help you decide what to do. You may consider declining to act further but the client will simply have learnt not to be so frank and then not tell the new representative.
The handbook consists of 664 pages of which 343 are text and the rest appendices of mainly rules. Compared to the 2011 edition - 917 pages of which 236 pages were text - it is a shorter work. It is noteworthy that the chapter on sources of help for solicitors is just over a page, which is not particularly encouraging. Any review of the book tends to be a review of the rules themselves rather than the guidance. Having said that, the notes and explanations are excellent and as clear as possible.
The handbook has explanations on what will, in practice, happen to you if it all goes wrong. It is rather like a dentist explaining how he or she will remove a tooth. Unpleasant but at least you know what to expect. The sections on fraud and money laundering are crystal clear and practical (and will give you nightmares) but should be read by everyone from secretary to senior partner.
I expect that most people will buy this book for emergency use only - and hope it will sit unused on the bookshelf. However, you and I both need to use it as a training tool and get staff to read, discuss, and inwardly digest it. Perhaps future editions might include some materials that could be used in this way.
David Pickup is a partner in Aylesbury based Pickup & Scott
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