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.
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.
On 17 March 2016, at the invitation of the President of The Law Society of England & Wales, I delivered the keynote speech to the Society’s annual conference on legal aid. The report of the speech published by the Law Society Gazette (interestingly dated three days before it was actually delivered…) contains significant misrepresentations of both its content and tone.
Not for the first time, messages that I have taken time to consider and articulate carefully have been distorted by a journalist and then published as views that I did not in fact express or intend. I am reminded of the late, great Eric Morecambe describing how he played the piano: “all the right notes, but not necessarily in the right order”. The Gazette report follows a similar pattern: some (though not all) of the right words, but out of context and not in the right order. Whether such distortions are deliberate or sloppy, I cannot tell; both undermine journalistic integrity.
For those who wish to read the real messages, in context, a full account is available here.