“Are you proud to be a lawyer?”

Once, this was not a difficult question to answer.  When I became a barrister in 1977, my answer would have been immediate and unequivocal.  Like many of my generation, I was the first in the family to go to university; and then to gain a legal qualification was a matter of great pride.

But, almost 50 years on, things are different.  Lawyers are no longer held in such high esteem (either collectively or, often, individually); media stories abound of lawyers who are said to have ‘crossed an ethical line’; and the public brush of concern tars everyone.  I find the question more difficult (and, to some degree, uncomfortable) these days.

So is current sentiment just an enhanced reflection of longstanding animosity towards the profession collectively?  Is this tide irreversible?  I’d like to think so, but it may not be easy. Continue reading

Confidence in regulation

This is a conference* about ‘trust in the market’ and building confidence within the sphere of legal services regulation.  I shall therefore open with the observation (or reminder) that regulation is a public intervention in otherwise private transactions and free markets.  It must therefore stem from a political judgement that we should not have complete trust and confidence, and must instead rely on the intervention in the market. issue of how confidence in regulation develops and is then sustained is a fascinating one.  It begs preliminary questions of what we mean by ‘confidence’, and from whose standpoint we are assessing it.

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Democracy is a strange thing …

Much has been said and written about democracy and democratic will recently.  In the past two years in the UK, we have had a General Election and an EU Referendum.  Both were, in different ways and for different purposes, an expression of ‘the will of the people’.  Or were they?  Democracy is a strange thing; and a Parliamentary democracy is stranger still.

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