Regulating nanotechnology & the quality of corporate legal advice

An interview with

Dr Steven Vaughan

Lecturer

Birmingham Law School
at the University of Birmingham

Steven Vaughan researches the legal profession, corporate finance and environmental law. He spent a decade as a solicitor in the City of London, before becoming a legal academic. He has advised the European Parliament and worked with the British Standards Institute to develop the world’s first publicly accredited standard for companies on the regulation of nanotechnologies. He is currently an ESRC Future Research Leader, working on a funded 3 year project that explores the nature and extent of advice provided by corporate lawyers.

TheLawMap: From being a City solicitor to an academic, what drew you to legal academia and research?
 
I got my training contract at the end of the second year of my law degree. I loved university and had always wanted to do a PhD. I did my training, qualified and then moved law firms. I so enjoyed being a solicitor - the pace of transactions, my deals being in the papers, my wonderful colleagues (and the fantastic salary...) - but after a while I wanted a change. So I started my PhD and carried on working as a solicitor part time for my firm. After a few years, I had to make the decision: either stay in academia full time, or go back to practice, as trying to do both was killing me. I chose academia and love the freedom that I have to pursue my own research interests and to inculcate in students the same sense of wonder about the law and society that was given to me when I was a student.

TheLawMap: Why was there a requirement for a publicly accredited standard for companies on the regulation of nanotechnologies?
 
Nanotech is the ability to engineer on the scale of the tiny (at billionths of a metre). It's a field of exciting possibilities. However, the law is often slow to keep up with scientific progress. For large companies with their own in-house lawyers, or with the money to pay for external law firms, knowing how the law applies to their products, designs, employees etc is one thing. For small companies, for start-ups, it's quite another. The publicly accredited standard, published by the British Standards Institute, is a free-to-use guide on how the law in England & Wales applies to nano, where the gaps are and what might be the challenges as regards compliance. I was lucky enough to be part of the team that helped to write the standard, led by my colleague Professor Robert Lee and working with Dr Elen Stokes of Cardiff University.

TheLawMap: Would you elaborate on the aims and objectives of your ongoing research exploring the nature, and extent of advice provided by corporate lawyers?
 
For the last 20 years, there has been academic interest in exactly what it is that corporate lawyers do: do they just give clients legal advice, or is there something more? If, as many people claim, there is not much law in corporate legal practice, what is so special about corporate lawyers? In a post financial crisis world, I am also interested in how corporate lawyers and corporate clients perceive the lawyer-client relationship. Do clients want or expect their lawyers to advise them, say, on risk? Do corporate lawyers feel responsibility for the actions their clients take? These are the sorts of questions my project seeks to answer.

TheLawMap: What are the principal challenges in maintaining a high standard of legal ethics in an increasingly diversified legal profession?
 
We know, from empirical legal research, that context is one of the most important factors as regards legal ethics. So, where you work, who you work for, how your organisation pays you and gives you bonuses, the attitudes of the senior management team etc etc - all these things matter. The profession has diversified significantly and challenges include an increasingly globalised legal services market (where norms in Country A may be very different to norms in Country B) and increased competition for legal services. The size of the profession also poses a challenge to the legal regulators who are, I think, understaffed and under resourced.

TheLawMap: In global terms, what concerns you the most in relation to environmental laws?

Environmental law is a hodge podge of different, overlapping legal regimes. And much of it is reactive, rather than proactive. We also spend far too long on the politics and lobbying of causes.
 
TheLawMap: If you could change something within the legal profession what would that be?

Two words: legal aid. The Coalition Government is denying access to justice to some of those most in need. This has to stop.

With special thanks to Dr Steven Vaughan for his valuable time. He can be followed on Twitter and interacted with via Linkedin. In 2012, Steven gave a talk at the Hay Festival on controlling risks to the public from nanotechologies. A recording of his talk can be heard here on the Hay Festival website and downloaded as a podcast.

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Weekend Offender: 'A Lush Life' as a Criminal Lawyer in Glasgow

An interview with

Paul Mullen

Criminal Lawyer

at

Livingstone Brown

The UK Peace Index 2013 places Glasgow as one of the most violent places to live in the UK, calling it, 'the least peaceful major urban centre'. However, it is not all doom and gloom on the banks of Clyde as violent crime has actually fallen faster within the city than anywhere else in Scotland over the last decade. Glasgow is a city of contrasts. It was voted as the European City of Culture back in 1990. A naturally creative impulse, fortitude in the face of hardship and that unique brand of Glaswegian humour makes it perhaps one of the most vibrant cities in the world. It is the birthplace of historical luminaries like Adam Smith and modern icons such as Sir Alex Ferguson and Billy Connolly, as well as the notorious Ian Brady, the Moor's murderer. In this informal interview criminal lawyer Paul Mullen talks to us about some of the changes sweeping through the Scottish Justice system and his personal experience of the Glasgow Sheriff Court.    

TheLawMap: In your opinion, is Glasgow any more violent than other post-industrial cities in UK?

Having only worked in Glasgow I couldn't really comment on whether it is a more violent place than anywhere else in the UK. Certainly, it's a city with a unique set of circumstances that bring with it a great many challenges. As a lawyer in the east-end of the city which has historically been the less advantaged part of town, knife crime and crimes with other weapon's appear fairly common. That said, from my experience, there are very few occasions that I can recall someone being the victim of a random act of violence appears relatively few and far between. I certainly hope it stays that way.

TheLawMap: Does the economic downturn and welfare cuts correlate to an increase in violence?

The link between poverty and crime is fairly well established. That said, there are other factors which have to be taken into consideration too such as alcohol and substance abuse although they in turn are perennially linked back to poverty. Perhaps sociologists could tell give a more definitive answer but I'd suggest that poverty is only one reason for crime. Sadly, there are many other reasons which lead people to offend.

TheLawMap: What is the likely impact of Sheriff court closures in the short term and long term?

The impact of Sheriff court closures will probably be felt more in the rural parts of Scotland more than in Glasgow. That said, here in Glasgow, our district court building recently closed and all the business was transferred into the Sheriff Court building. Glasgow Sheriff Court, as anyone will tell you, was already one of the busiest courts in Europe and the move wasn't universally welcomed. Change, I suppose, is seldom welcomed but given the passage of time I think everyone has adapted and things have settled down into a normal working pattern.

However, in rural areas, the impact may be somewhat more acute given the passage of time. People will have further to travel to and from court and the cost that is passed onto client's getting to and from court which is perhaps unfair as often client's are on state benefits and cannot always afford frequent and costly trips to court. Also, the further people are from their courts may result in people feeling that they have less access to justice and that is surely a concern for anyone working to maintain standards within this great system of ours. 

TheLawMap: With the closure of a number of firms in the last 12 months, are Scottish law firms at a crossroad?

We are living and working in interesting times. The great thing about this profession is that it continually evolves and always challenges you in ways you couldn't previously envisage. Whether firms are at a crossroads or not just now is a matter that only time will reveal. Working for a firm with a large proportion of work dedicated to client who's cases are funded by legal aid will provide it's own challenges in the coming months and years. Contracting is coming. Change in inevitable. What form that change will take remains to be seen but arguably it's an exciting time to be a legal aid lawyer in Scotland and elsewhere in the UK just now.

TheLawMap: Any noticeable impact in relation to the cases you deal with since the 'Minimum Alcohol Pricing Bill of Scotland 2012' came into effect?

 

Although it's difficult to say, personally, I think that there has been a negligible impact with minimum pricing and crime. People who want to drink to excess will find ways to get alcohol and will perhaps cut other areas of their budget. If they go on and offend whilst under the influence of alcohol then they simply will do so regardless of the price they pay for alcohol. I really haven't seen any discernible depreciation in cases just because the unit price of alcohol has increased slightly. Perhaps in time people's drinking patterns will be adapted in line with the police but thus far it's probably too early to say there has been any impact.

 

TheLawMap: Would you kindly explain the background to your recent interaction with the Herald Scotland?  

Recently, I was conducting a jury trial at Glasgow Sheriff Court which had been in preparation for several months. Nevertheless, as with so many things in this line of work, you cannot prepare for every eventuality. To explain, the case had been going quite well over several days of evidence. The good character of the defence witnesses was very much in dispute. Each of the defence witnesses gave their evidence well and things appeared to be going in the defence favour as one by one they each gave their version of events. However, my heart sank as the fourth defence witness came in to give his evidence wearing a tee shirt emblazoned with the words 'WEEKEND OFFENDER' across the chest. There were guffaws from the jury, the Clerk of court was unable to compose herself, the Sheriff suppressed his laugh and I simply didn't know where to begin with the witness. At the end of the case, I tweeted about the incident and the story was picked up by both The Herald and The Scotsman newspapers who each ran the story. Thankfully, the client was acquitted despite the input of his less than helpful defence witness! 

TheLawMap: If you had one wish to change something within the legal profession, what would it be?

I love my job. It's a privilege to be paid to do something I always wanted to do. Waiting for cases to call at court can become tedious but I wouldn't drastically change anything in the profession. The professionals I've met are a hard-working dedicated bunch working under various pressures to represent their clients to the best of their abilities. I would hope that if the economy picks up that more firms can hire more trainees and the some of the talented interns and work experience students that I've met in recent years can get a foothold in the profession. 

With special thanks to Paul Mullen for his valuable time. 

Paul Mullen began appearing in Scottish courts in 2009 and has quickly earned a reputation as an excellent trial lawyer with a friendly yet professional approach to clients and colleagues alike. He previously worked as a recruitment consultant whilst simultaneously studying for a part-time LLB at Strathclyde University. He graduated from the Glasgow Graduate School of Law in 2008. Away from the daily grind, he is a keen golfer with a 10 handicap. His favourite holiday destination is the picturesque Dunoon, in Argyll. Originally from Newarthill he now lives in Airdrie with his wife and daughter Emily who was born at Christmas. He maintains a very active Twitter presence.

Hang my son for killing India’s daughter - 2012 Delhi gang rape case

A conversation with an unnamed UK Solicitor who had formerly practised in the Indian High Courts:

“Hang my son” said Hari Ram Sharma father of one of the accused Vinay Sharma who participated in the brutal crime against the India’s daughter. The victim was a 23-year-old medical student who was brutally gang-raped on a moving bus. The victim was thrown out of the bus and the accused allegedly tried to drive the bus over the victim but she was pulled aside in the nick of time.

Six men have been arrested in connection with the incident: Ram Singh, the bus driver, and his brother, Mukesh Singh, were both arrested in Rajasthan; Vinay Sharma, an assistant gym instructor, was arrested in Delhi, as was Pawan Gupta, a fruit seller; Raju, a minor, and native of Uttar Pradesh was arrested by the police at Anand Vihar terminal in Delhi; and Akshay Thakur, a man who had gone from Bihar to Delhi seeking work, was arrested in Aurangabad in Bihar. These men took a joyride to play with soul and mind of the whole country. At least four of the accused live in Ravidas camp slum cluster in South Delhi.

Two days after the death of the victim, Delhi Police finalised around 1,000-page chargesheet in connection with the incident and plans to submit it in court on Thursday, 03 January 2013.

There are ongoing protests all across the India and social activists are now demanding for tougher laws. Protesters named the victim “Nirbhaya” meaning fearless. Some said she was “Amanat” meaning property kept in trust.

Indian Government has shown its determination to work on the particular subject of crime against women. On 22 December 2012, a judicial committee headed by J. S. Verma, a former Chief Justice of India, was appointed by the Central government to submit a report, within 30 days, to suggest amendments to criminal law to sternly deal with sexual assault cases. The committee has urged the public in general and particularly eminent jurists, legal professionals, NGOs, women’s groups and civil society to share "their views, knowledge and experience suggesting possible amendments in the criminal and other relevant laws to provide for quicker investigation, prosecution, and trial, and also enhanced punishment for criminals accused of committing sexual assault of an extreme nature against women."

On 26 December 2012, a one-person commission of inquiry headed by a former Delhi High Court judge, Usha Mehra, was set up to identify lapses and determine responsibility in relation to the incident. It will also suggest measures to make Delhi and the wider National Capital Region safer for women. The report is to be submitted within three months and will be tabled in Parliament along with action taken by the government.

Now in the backdrop of all these protests, government measures and talks of reform the story of India’s daughter still remains an unfinished dream. The victim was an ambitious girl and among a very few women in India who get the opportunity to pursue their dreams. Her parents sold their agricultural land to facilitate her education. They have shown a remarkable example of parenting and support to their child.

The debate is ongoing for centuries as to why women in India are somehow seen inferior than men especially in the sectors of society where life is constant struggle and belief is strong that men are bread winners and women are liability. Why society considers it is appropriate to have segregation of women and ignores long existing issues of "Eve teasing" (euphemism for public sexual harassment). Crime against women is worldwide problem and in most cases justice is difficult for victims. Britain's record on rape shows shocking new failures as the number of sex crimes rises, police procedures mean victims of assault do not get justice – and their attackers go free.

The sex crime rate in New Delhi is one of the worst among Indian cities, with one rape reported every 18 hours on average. Now the state of affairs can surprise many, in another similar incident a minor girl was molested in Delhi bus who was earlier raped by her stepbrother brother. On Saturday night 29 December 2012, the girl had left her house at around 9:30 pm, took a bus and when the bus reached Mandi House at around 11 pm, police personnel noticed the girl inside the bus was alone and crying. Just hours before Nirbhaya's ashes were immersed in the Ganga, a 17-year-old girl studying in class XI of a prominent south Delhi school was allegedly sedated and raped by two men at a New Year's party in the upscale Safdarjung Enclave area of south Delhi.

However, Delhi Government is still struggling with its much-vaunted helpline for women, mobile phone users were struggling to connect to its toll-free number 181.

The incident and other similar crimes against women are condemned. Legal reforms, punishment and enquiry committees will take time to work on their agenda. It is human to respect women, community and family.

“The difference between a good man and a bad man is the choice of cause.” by William James

RIP  Nirbhaya..