Law Society Legal News Summary 6 September 2023


Barrister appointed shadow justice secretary

Barrister Shabana Mahmood MP has been named as shadow justice secretary in the Labour party reshuffle, according to Legal Cheek.

President of the Law Society Lubna Shuja said: “We warmly welcome Shabana Mahmood MP to her new post as Shadow Secretary of State for Justice and look forward to working with her closely.

“Her background in the legal sector stands her in good stead to grapple with the many complex and urgent issues we face across the justice system.

“We look forward to discussing these further with her very soon.”

Lubna Shuja on rule of law

President Lubna Shuja speaks to Jurist about the challenges facing the rule of law in the UK today and the impact of AI on the rule of law.

She said: “At the moment here in England and Wales, we have got some real issues with the kind of rhetoric that the government is using, and the way that they are describing lawyers, particularly in the context of immigration lawyers and the Illegal Migration Act.

“There have been terms that have been used to describe lawyers which are quite derogatory, implying that lawyers are trying to stop the government from implementing policy, which is not the case at all. So I think there are some real serious rule of law issues going on here without a doubt.

“When you start making comments like that, undermining the role of the independent judiciary, the independent legal profession, you are undermining the rule of law, you’re undermining trust in our judiciary, trust in the legal profession, trust in the justice system, because people then start to doubt the legitimacy of its decision making, and they lose confidence in the system. It is absolutely the role of the judiciary and lawyers to hold the government to account.”

Professional ethics in the legal sector

Law360 reports that the Law Society has launched a three-year professional ethics programme, called Changing Ethical Landscapes, and a web hub to support members balance their obligations to their clients and to wider society.

President Lubna Shuja said: “Professional ethics is a topic that I have a keen interest in. It has been one of the pillars of my presidential plan. Our profession is defined by the highest ethical standards, which are underpinned by a robust regulatory framework. Solicitors uphold the rule of law and work in the best interests of their clients.”

Legal Futures also covers our stance on professional ethics and its role in law firm culture.

Lubna said: “Leadership is key. We must see personal behaviours and virtues across the profession – including at the senior levels – which create an environment that supports, rather than prevents or suppresses, ethical behaviour.

“The culture in any organisation is so important – its openness and propensity to share mistakes, misgivings and learnings, rather than fostering a practice of blame and dismissing concerns. These all have an important role to play in creating an environment of psychological safety.

“In short, it is difficult to imagine a workplace in which good ethics thrive unless there is also a healthy and supportive culture built on trust, openness and principled leadership.”

Read our press release

Local Government and Social Care Ombudsman

Health Investor UK writes that the Law Society board chair Amerdeep Somal has been appointed as the Local Government and Social Care Ombudsman, taking up the position in January 2024.

Amerdeep said: “I am delighted to be taking on this hugely important role and the leadership of the Local Government and Social Care Ombudsman organisation, which has extensive influence on the quality of council services and social care across the country.

“The ombudsman has a vital role both in ensuring that individual complaints are investigated – and wrongdoing put right – and in being a central part of the wider system that brings about fundamental change and improvement in these essential services. I look forward to taking on the Ombudsman position which helps to improve the quality of life for so many people, including some of society’s most vulnerable.” 

British prison conditions

Guardian, Times (£), Mail Online, Telegraph (£), Washington Post (£), Scottish Legal News, Irish Legal News and several other outlets report that a German court refuses extradition of an Albanian man to the UK over concerns of British prison conditions.

Law Society Council member for EU & International, Jonathan Goldsmith, is quoted: “This is an embarrassment for the UK. There have been similar court decisions before under the European arrest warrant framework, but in relation to member states whose records on prisons and human rights the UK would not wish to compare itself with.”
 

Also worth a read:

  • SRA indicates that nearly half of criminal law solicitors-advocates lack proper learning or development plans – Legal Futures
  • Home Office needs an extra £2bn to house migrants if Illegal Migration Act passes, as the foreign aid budget would no longer be used for accommodation – BBC
  • Homelessness increases as asylum seekers are forced out of hotels early – Telegraph (£)
  • Benefit cuts for those with mobility and mental health problems – Times (£)
  • Updates on Post Office inquiry – Gazette

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