About this episode

The episode discusses the regulatory implications of lawyers' misconduct outside of their professional practice, focusing on a recent High Court decision.

How should regulators respond when criminal offences or other misconduct occur outside a professional's practice? In the latest episode of our regulatory podcast ReguLaw, CM Murray Partners Beth Hale and Andrew Pavlovic are joined by Chloe Carpenter KC of Fountain Court Chambers to discuss the recent High Court decision of Hickey v Bar Standards Board and its wider implications for lawyers and other regulated professionals. Beth, Andrew and Chole discuss: - Why regulators care about conduct outside of practice - Regulators may take action in relation to conduct outside practice where it raises concerns about fitness to practise or could diminish public trust and confidence in the profession. - Context matters – The Hickey judgment demonstrates the need for regulators to assess the specific facts of each case rather than applying a blanket approach to sanctions relating to criminal conduct. - The nature of the misconduct is critical - Courts and regulators will look closely at the nature of the conduct and the extent to which it genuinely reflects on the individual's professional standing. - Reporting obligations can arise at an early stage - Criminal cautions, charges and…

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