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'A must-have purchase for the up-to-date practitioner' Phillip Taylor, Richmond Green Chambers
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The SRA's outcomes-focused regulatory framework focuses on the high level principles and outcomes that should drive the provision of legal services. It is part of the philosophy of an outcomes-focused approach that prescriptive rules are avoided if possible and practitioners make a judgement, reflecting their own clients and the nature of their practice, as to how to achieve the required outcomes. The regulator provides only limited guidance. Written by Andrew Hopper QC and Gregory Treverton-Jones QC, authors of The Solicitor's Handbook 2011 and leading figures in the regulatory and disciplinary field, Outcomes-Focused Regulation provides an explanation of the practical impact of this new regime and is designed to provide guidance that might not otherwise be readily available. The book's structure mirrors that of the Code of Conduct in the SRA Handbook, providing a chapter on each of the new sections with additional chapters explaining OFR in principle; how regulation will apply in practice; and how the SRA is likely to interact with the profession in future.
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IT'S THE LIGHTER APPROACH FOR SOLICITORS
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Light touch or heavy hand? When it comes to regulating the legal profession, most solicitors, not to mention barristers would prefer the former to the latter. This was certainly borne out by the Solicitors Code of conduct 2007 which was unsuccessful to say the least, being 'too long, too detailed, and too prescriptive,' in the words of the authors of this excellent book.
The new Code of Conduct focuses more on the practical application of ethical principles and their consequences, with more weight being put on the judgment of individual solicitors, as well as the Solicitors Regulation Authority, to ensure that ethical standards of the profession are upheld. To that end, this latest book from Law Society Publishing on this sometimes controversial subject should help solicitors enhance their understanding of the new regulatory regime, which, as the title of the book suggests, is `outcomes-focused.'
In practical terms, `outcomes-focused regulation' offers greater freedom, more collaboration and less confrontation with the regulator on the part of solicitors. It signals a move away from prescriptive rules in the direction of achieving the right outcomes for clients. Explaining OFR in detail, the book functions admirably as a guide to the practical aspects of -- and applications of -- this new and more flexible regulatory environment, including the approach to OFR taken by the Solicitors' Regulation Authority (SRA).
In the words of the learned authors, both QCs, OFR is `a brand new rule book' requiring solicitors to get used to principles and outcomes, as opposed to prescriptive sets of rules. We've no doubt most solicitors will thrive in this new relaxed and more enlightened professional environment in which the lighter touch will predominate. But they will still need the guidance that this book amply provides which, in my view makes it a must-have purchase for the up-to-date practitioner.
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Light touch or heavy hand? When it comes to regulating the legal profession, most solicitors, not to mention barristers would prefer the former to the latter. This was certainly borne out by the Solicitors Code of conduct 2007 which was unsuccessful to say the least, being 'too long, too detailed, and too prescriptive,' in the words of the authors of this excellent book.
The new Code of Conduct focuses more on the practical application of ethical principles and their consequences, with more weight being put on the judgment of individual solicitors, as well as the Solicitors Regulation Authority, to ensure that ethical standards of the profession are upheld. To that end, this latest book from Law Society Publishing on this sometimes controversial subject should help solicitors enhance their understanding of the new regulatory regime, which, as the title of the book suggests, is `outcomes-focused.'
In practical terms, `outcomes-focused regulation' offers greater freedom, more collaboration and less confrontation with the regulator on the part of solicitors. It signals a move away from prescriptive rules in the direction of achieving the right outcomes for clients. Explaining OFR in detail, the book functions admirably as a guide to the practical aspects of -- and applications of -- this new and more flexible regulatory environment, including the approach to OFR taken by the Solicitors' Regulation Authority (SRA).
In the words of the learned authors, both QCs, OFR is `a brand new rule book' requiring solicitors to get used to principles and outcomes, as opposed to prescriptive sets of rules. We've no doubt most solicitors will thrive in this new relaxed and more enlightened professional environment in which the lighter touch will predominate. But they will still need the guidance that this book amply provides which, in my view makes it a must-have purchase for the up-to-date practitioner.
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