News

Data

Barristers are not “data processors” under GDPR, Bar Council tells solicitors

Self-employed barristers are “data controllers” and not “data processors” for the purposes of the General Data Protection Regulation (GDPR) as they need to be able to act independently of instructing solicitors, the Bar Council has said.

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Baroness Peta Buscombe

Peers agree to cold-calling ban with strong penalties for those who use illegally obtained data

The government yesterday got its way with the form of the cold-calling ban that will be imposed on claims management companies and said it would be backed up by hefty fines on anyone who uses illegally obtained data.

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Morrison & Foerster

Leading firm faces class action over treatment of female lawyers returning from maternity leave

International law firm Morrison & Foerster (MoFo) is facing a $100m (£73m) class action over claims that it discriminates against female staff when they return to work after childbirth. Three female associates currently employed at the firm alleged that MoFo subjected them and other female staff to lower pay and delayed advancement.

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divorce

Lawyers “pragmatic” in discouraging clients from defending divorce petitions

The negative attitudes of family lawyers towards defending divorce cases and financial disincentives such as the high level of legal costs are no substitute for changing the law to a system of no-fault notifications, according to a major report. It also put paid to the notion that family lawyers push clients towards litigation for their own financial benefit.

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Beach holiday

Holiday sickness claims activity “much reduced”, CMC regulator reports

Activity by claims management companies in the area of holiday sickness is “much reduced”, the regulator has claimed. The Claims Management Regulator said it made the finding after completing an “intensive audit” and investigation.

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Ten Pounds

Solicitors fined by SDT for taking fees from client accounts to cover others’ bills

Two solicitors and a registered foreign lawyer at an immigration firm in north-west London have been fined by the Solicitors Disciplinary Tribunal for misappropriating client money. The tribunal said there was no evidence that the sole owner of the firm had “taken an interest” in its financial”.

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Kurtz sofa

Specialist ‘elder care’ solicitor jailed for “sickening” neglect that led to mother’s death

A solicitor who specialised in acting for the elderly and their families has been jailed for two and a half years for the wilful neglect of her own 79-year-old mother, who died in squalor despite her daughter having power of attorney to act on her behalf. The prosecutor described it as “one of the most shocking and sickening cases of neglect I have come across”.

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SONY DSC

Solicitor “who left his moral compass at home” used client money to prop up firm

A solicitor who “left his moral compass at home” as took money from client account to try and keep his firm afloat has been struck off, and the cashier who assisted him banned from the profession. The firm, Handley Brown in Preston, had three county court judgments against it and faced a winding-up petition.

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HM Treasury

CMCs that want to advise and represent clients “will need to prove competence”, says Treasury

Claims management companies that want to advise clients, rather than just find and refer claims to others, will have to show that they are competent to do so when regulation is transferred to the Financial Conduct Authority, it has emerged. It could have significant implications for CMCs eyeing up the chance to run personal injury small claims.

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Airport sign

High Court judge flays conduct of immigration solicitors and refers three firms to SRA

A furious High Court judge has castigated immigration solicitors for playing the system and referred three law firms to the Solicitors Regulation Authority for conduct displaying “a serious and persistent failure to adhere to proper standards”.

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