Who? Oliver Schneider-Sikorsky, partner at BCL Solicitors, London.
Why is he in the news? Represented law firm Carter-Ruck and businessman Mohamed Amersi in a landmark case at the High Court, which ruled that the Solicitors Regulation Authority does not have the power to requisition material subject to legal professional privilege.
Thoughts on the case: ‘The effective administration of justice requires that all clients can speak freely with their solicitors in the comfort that they do so in confidence. It is why legal professional privilege [LPP] is recognised as a fundamental human right at common law and under the European Convention on Human Rights.’ (See also Practice Points, p24.)
‘Yet solicitors have produced LPP material to the SRA under compulsion for decades, informing clients that they were obliged to do so despite the absence of the client’s consent, and where the applicable statutory provision contained no express words overriding LPP. While the case turned on the precise construction of this single statutory provision, its legislative history and the relevant authorities dating back half a century required careful navigation. This perhaps explains why the profession has waited as long as it has to challenge such a widely held view on a point of fundamental and constitutional importance.
‘The judgment confirms that the SRA and the profession have routinely misinterpreted the applicable legislation, and some might say it is a salutary reminder of the danger of received wisdom.’
The SRA is seeking permission to appeal.
Dealing with the media: ‘It is interesting that the media have framed the outcome of this case at two ends of the spectrum. On the one hand, it is widely recognised that the outcome benefits all clients of the profession and bolsters a fundamental legal right. However, there has also been significant focus on the suggestion that it makes the regulator a “paper tiger” – this perhaps ignores the significant powers available to the regulator where proper grounds of iniquity exist, and of course when clients complain about solicitors and are prepared to waive LPP to ensure their complaints can be investigated.’
Why become a lawyer? ‘Mostly because of John Grisham and Tom Cruise. I read books like The Firm and A Time to Kill as a teenager.’
Career high: ‘One of the silks I hold in the highest regard recommended me for a case, for the first time, assisting a very distinguished family. That was greater validation than any formal or public accolade.’
Career low: ‘Sending an expert report as a trainee, damning my client’s case to the other side by mistake and then lying awake all night thinking my career was over. I didn’t know that my professional colleague could, should, and ultimately would disregard and delete the email.’
