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Peter Rouse's avatar

It has been said that every human action can be put down to the avoidance of shame - shame being the lowest human experience, akin to banishment from community, family, all belonging.

What gets lawyers into a position in which they face the risk of shame may be as simple as inadvertence, or laziness, or greed. However, once in a situation, the notion of being found to be wrong, or resiling from a position or course of action, or even admitting fault, triggers the more fundamental fear of shame.

My limited experience, for example, of dealing with solicitor and accountant negligence claims when acting for insurers showed how those involved simply could not admit fault and invariably preferred to fight with their clients and others than do so.

Lawyers are only human and I do not know of a solution to that condition. All we have is the idea that "the law is not to change the heart, but to restrain the heartless". The public, I suspect, believes that it is the work of regulators to keep lawyers faithful to the principles-based rules that govern their conduct. Some regulators, on the other hand, seem to be more concerned with promulgating regulations and steering clear of enforcement than doing the hard work of holding the regulated to account.

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Trevor Leahy's avatar

👏👏👏👏

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