End to law firms suing junior solicitors in sight as Council prepares for votePRACTICE RULE: should help to create a more positive atmosphere in the work placeThe long-awaited practice rule prohibiting law firms from suing staff for negligence is set to come a major step closer when the Law Societys ruling council votes on it this week.It follows the results of a consultation on the proposed rule, which showed 82% of 105 respondents welcoming its introduction.Last June, the council decided in principle that suing staff, usually junior solicitors, should be prohibited by a practice rule, subject to consultation with the profession and the concurrence of the Master of the Rolls.It was accepted last year that council members may not wish to constrain the legal rights of solicitors to sue their staff who are usually junior solicitors but suggested that effective encouragement would only be provided through the introduction of a practice rule.

Sara Chandler, immediate past chairwoman of the Young Solicitors Group, warmly welcomed the move.We have lobbied and petitioned for a long time to get this rule introduced, she said.

In order to thrive, a solicitor needs the full support and supervision of their firm, and the threat of legal proceedings only creates a negative atmosphere to work in.Ms Chandler said the problem was becoming more common: Over the years, more and more disturbing cases have come to light of young solicitors either being sued or under the threat of being sued by their firm.The council will also be asked to accept that the definition of a salaried partner as a solicitor held out as a partner but who is in fact an employee or consultant should be covered by the rule.Under the draft rule, the ban would not apply where the employees act or omission is grossly reckless, dishonest, fraudulent or in bad faith.If supported by the council, the rule will go the Master of the Rolls for final approval.

Victoria MacCallum