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| Tuesday October 1 2019 |
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By Jonathan Ames
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Good morning … We’re back after a long weekend break.
The Brief would like to announce a Brexit-free zone today – and we almost can, but not quite.
Allegations of sexual harassment at leading law firms leap back to the top of the agenda. And there are more difficult developments around gender in the legal profession as the first large firm to file its pay gap report reveals a worsening picture.
A fraud specialist barrister is disbarred for … wait for it … fraud; an MP demands action on illegal bedsits after an exposé in The Times.
For a welcome development on the diversity front, scroll down to our Blue Bag diary.
All that and more in this morning's must-read of all things legal, including news, comment and gossip.
Catherine Baksi, a freelance journalist, contributed to today’s bulletin
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Today
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SENIOR LAWYER 'GROPED COLLEAGUE TOO DRUNK TO WALK'
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Top judges preparing for Benn act challenge
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News analysis: Crown court backlog rises for first time in four years
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Comment: MPs should not act like rowdy students
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| Tweet us @timeslaw with your views. |
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Story of the Day
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Senior lawyer ‘groped junior colleague too drunk to walk’
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A married partner at one of the City’s most powerful law firms groped an “exceptionally drunk” junior colleague after going home with her from a work party, a disciplinary hearing was told.
Ryan Beckwith (pictured), a partner at Freshfields Bruckhaus Deringer, told the Solicitors Disciplinary Tribunal that he accepted sexual activity took place but he denies that he breached professional conduct rules.
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Read the full story
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Comment
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MPs should not act like rowdy students
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It may be time to extend minimum standards of workplace behaviour to parliament, Bettina Bender writes
Recent scenes in the House of Commons raise the question of whether a workplace code of conduct should extend to public servants and, in particular, MPs.
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Read the full story
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News round-up
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More prison time for rapists and killers
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Rapists and others convicted of serious offences will spend longer in prison under plans to end the automatic release of prisoners halfway through their sentences (Richard Ford and Jonathan Ames write). The proposal announced today will raise the number of prisoners in jails in England and Wales by about 3,000 over the next decade.
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Read the full story
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Judges preparing for challenge if Johnson won’t ask for Brexit delay
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Senior judges are drawing up plans for an emergency legal challenge if the prime minister fails to seek a delay to the October 31 Brexit deadline, The Times understands (writes Frances Gibb).
The lord chief justice and two other judges are expected to hear any judicial review against Boris Johnson if he fails to abide by the Benn act, potentially propelling the judiciary into another political confrontation after the Supreme Court ruling on prorogation (pictured).
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Read the full story
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Gender pay gap grows at ‘magic circle’ firm
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The gender pay gap at Allen & Overy has got wider over the last year, the “magic circle” law firm revealed in its annual report on the matter.
The combined gender pay gap among its UK partners and employees is 61.5 per cent, up slightly from 61.2 per last year.
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Read the full story
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Fraud specialist disbarred for fraud
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A specialist fraud barrister who was jailed for failing to pay tax has been kicked out of the legal profession.
Peter Moss, 62, was disbarred yesterday, regulators announced, after he was found to have “acted in a way likely to diminish the trust and confidence in which the public places in him or in the profession”.
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Read the full story
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Labour MP demands action on illegal bedsits after Times exposé
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Councils must do more to crack down on the illegal conversion of flats and houses to bedsits to stop young renters from being exploited, according to an influential MP (writes Andrew Ellson).
Clive Betts, the chairman of the housing select committee, has questioned whether some local authorities have the political will to deal with rogue landlords after a Times investigation found that unlicensed bedsits are being advertised with impunity online.
See: Landlords kill off the house‑share living room
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Read the full story
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In Brief
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- Queen 'will sack Boris Johnson' if he breaks the law, former attorney general warns – The Mirror
- ‘Judges aren’t shrinking violets,’ says solicitor general – Law Gazette
- City law firm accused of conflict in TfL deal dispute – Legal Week
- E-mail footer counted as signature for property contract – Legal Futures
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News analysis
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Crown court backlog rises for first time in four years
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Barristers complain that cuts to sitting days are hampering justice, Catherine Baksi writes
Almost 33,000 criminal cases were waiting to be heard by crown courts, according to the latest figures from the Ministry of Justice, which showed that the backlog increased during the second quarter of the year.
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Read the full story
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Comment
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The employment tribunal service is not fit for purpose
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There aren’t even enough people to answer the phones. Greater investment is needed to protect access to justice, Beth Hale writes
Tectonic shifts in the employment tribunal system over the past six years mean that the system is bursting.
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Read the full story
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Tweet of the day
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| If only, instead of the drivelling “fangirling” and spurious comparisons between Lady Hale and RBG, serious newspapers over the last few days had given more attention to her profile as a jurist, and the non-political nature of the UKSC and appointments to it |
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@BarbaraRich_law
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Comment
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It's about the process, not politics
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The Supreme Court ruling is the natural result of Boris Johnson’s constitutional vandalism, Lord Sumption writes
Where does law begin and politics end? Any government’s relationship with parliament is bound to be political. Ever since the 18th century, ministers have made use of the power to prorogue or (until 2010) dissolve parliament for political advantage.
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Read the full story
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Blue Bag
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DWF joins diversity race
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Less than a fortnight after Eversheds Sutherland, the transatlantic law firm, announced what was thought to be the first set of targets for ethnic minority recruitment in the UK legal profession … along comes DWF in a bid of one-upmanship.
The firm, which is based in Manchester and the City, said yesterday that it had set targets for ethnic minority and gender recruitment.
DWF – which, to be entirely accurate, is no longer a traditional law firm since it floated on the London stock exchange earlier this year, attracting a market valuation of £366 million – is aiming for women to make up 33 per cent of its executive board by 2022. And it has not got that far to go, since the present figure is 27 per cent.
It also wants women to hold at least 30 per cent of other senior leadership positions.
And the company said that it wants to have at least 10 per cent of its senior leadership positions held by those from ethnic minority backgrounds by the end of next year.
“The goals are based on our learnings over the past few years,” said Andrew Leaitherland, the company’s chief executive. “And are founded in our belief that inclusion, diversity and equality are fundamental to driving our future success and demonstrate the commitment of our leadership to effect change, making DWF truly open to all.”
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Quote of the day
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“There are no days off.”
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Lucy Frazer, QC, the minister for prisons and probation, responding to a question in an interview with Counsel magazine about what she does on Sundays.
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Read the full story
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Closing Statement
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A lesson in free thinking
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Those of us in the legal profession who have been foolish enough to move out of our chairs without a legal aid certificate or money in the client account should learn from the early 20th century New York lawyer, Max Steuer (writes James Morton).
Approached to defend the stock swindler George Graham Rice, a $10,000 retainer was agreed. “Now,” said Rice, “let’s talk about the case.”
“No,” said Steuer, “I can’t talk about the case until the retainer is paid.”
“But there’s an interesting point I want you to think about,” said Rice.
“No,” said Steuer firmly. “I can’t even think about the case until I have the money.”
James Morton is a former criminal law solicitor and now author
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