EWJ Dec 2023 - Journal - Page 11
those new to the profession as there is possibly less
chance to learn through osmosis in the office environment. Without the eyes and ears of others in the
office, it could be easier to start down the road of
deceit thinking that no-one may notice.
l Supervision – every legal service needs to be
properly supervised, even more so with less experienced file handlers. That is not to say that experienced
solicitors never make poor ethical choices (they do –
see the cases referred at the outset of this post). So, it
is important that more than one person has eyes on
live cases. File reviews, case updates, open chat channels etc. can all form part of the supervision picture.
Some firms make space for ‘mental block files’ in department meetings, specifically to weed out the hardto-progress cases. This can work really well when
approached in a collegiate, non-judgmental way.
None of these excuse dishonest conduct. But it only
takes a little empathy to understand how it would be
tempting to placate a demanding client, telling them
what they want to hear.
Once the lie is made however, there is no way to roll
back from it. If you hold your hands up, the firm will
be obliged to report you to the regulator and the misconduct will be career-ending in any event. So, the lie
gets repeated and compounded until it is discovered.
l Visibility –can you actually see what is going on in
any one case? Whilst case management systems can
provide an oversight, if not all staff are uploading
emails and documents to the system and client file
maybe you don’t have the full picture. We often come
across firms where the majority of the ‘file’ sits within
a solicitor’s inbox.
What can law firms do?
Individuals are, quite rightly, culpable for their own
professional conduct. Where a solicitor falls short of
the expected ethical standards, and are caught, they
will face the consequences.
l Case load management – regular discussions need
to be had with staff about how they are coping with
their case load. What may have been relatively light
one week, could potentially become a lot heavier very
quickly with deadlines all coming at the same time.
Can support resource be reallocated from elsewhere
in the firm? Do you need to recruit?
But employers are also expected to take steps to
reduce the risk of poor ethical decisions. COLPs and
‘managers’ (partners or equivalent) are potentially in
the regulator’s firing line if there are systemic or
cultural issues which contribute to conduct issues.
With that in mind, there are some things that law firm
leaders should consider:
l Signposting – organisations such as LawCare and
The Solicitors’ Charity are available to anyone who is
not coping. People often do not wish to speak to work
colleagues about their problems, but an outside ear
may give them just the support and perspective they
need. It is worth making sure everyone in your team
knows that these services exist.
l Avoid having a ‘toxic’ working environment – a hot
topic for the SRA of late, with good reason. Workplaces that condone or fail to challenge bullying, harassment, discrimination, and poor management are
at risk of pushing colleagues towards unethical behaviour. The latest guidance suggests that managers
should ‘immediately’ intervene to challenge behaviour
that fails to treat colleagues with dignity and respect.
Are unrealistic billing targets contributing to undue
stress and pressure?
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l Support – everyone is busy, everyone has deadlines,
things need to be done. But it is imperative that front
line colleagues are not left to flounder or feel isolated,
particularly when the pressure is on.
Dr Giles Elrington
General Neurologist
- MBBS (Hons), MD, FRCP
Dr Giles Elrington is a General Neurologist with special interest in clinical neurology, headache, multiple
sclerosis, migraine and neuropsychiatry, functional neurological disease & chance findings on imaging.
He regularly manages other common neurological diseases including epilepsy, Parkinson's disease, spinal and
peripheral nerve disease.
Dr Elrington's key skills are in clinical diagnosis, and medical management. He qualified in 1980 from Barts, with
honours in Surgery and in Clinical Pharmacology.
Dr Elrington accepts medico-legal instruction in personal injury, medical negligence, family & employment cases.
Dr Elrington consults at:
The Zen Clinic, 143 London Road, Tollgate, Colchester, Essex, CO3 8NZ
Spire Wellesley, Eastern Ave, Southend-on-Sea, SS2 4XH
10 Harley Street, London, W1G 9PF
Correspondence address: 44 Lexden Road, West Bergholt, Essex, CO6 3BX
Contact: Nicola Burke - Medical Legal PA to Dr G Elrington
Tel: 07752 872 764 - Email: elringtonmedicallegalpa@gmail.com
EXPERT WITNESS JOURNAL
9
DECEMBER 2023