When Lawyers Break the Law Outside Work: The Regulatory Consequences - ReguLaw Podcast Episode 6

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 convictions will often trigger automatic regulatory reporting obligations, but wider reporting obligations will also need to be considered at the earliest possible stage. - Non-criminal conduct can also attract scrutiny - Regulatory concerns are not limited to criminal offences and may extend to other forms of personal conduct outside professional practice.  - Practical lessons for regulated professionals - The discussion highlights the factors courts and regulators are likely to consider when balancing public confidence, proportionality and professional standards. If you have any questions about the issues discussed in this episode, or would like advice on regulatory investigations, disciplinary proceedings or self-reporting obligations, please get in touch with Beth Hale or Andrew Pavlovic.