Mustafaen Kamal was shortlisted as a top five finalist for The City of London Solicitors’ Company Prize, awarded every year to promising trainees. The City of London Solicitors’ Company is a working company. Its members are required to practise or to have practised as a solicitor within one mile of the Bank of England or at Canary Wharf. For many years, the Company also functioned as the local Law Society for the City of London but in 2007 the City of London Law Society became a separate body. However, the Company keeps close links with the City of London Law Society and acts as its social and charitable arm.
The essay question “How would you describe, to a non-lawyer, what the rule of law is, why it’s important and what part City solicitors play in upholding it?” was set for all applicants to answer and following entering an essay and undertaking an interview, Mustafaen was recognised as a top aspiring solicitor for this prize.
The rule of law being the central pillar of civilized dispute resolution, we thought that it was worthwhile to publish Mustafaen’s answer to the Company’s question on this blog.
“The rule of law is why the law itself is important. If it was not for the rule of law, our laws would be nothing more than complicated jargon with little practical value. The rule of law is the discerning feature of a free and democratic country. It is a culturally accepted norm which consists of three major principles: equality, accessibility, and transparency. Equality ensures that the law is applied without exceptions. Accessibility ensures that everyone has access to legal recourse which is delivered by ethical and competent practitioners. Transparency ensures that information on how laws are made and applied is accessible to all. Lawyers and non-lawyers alike are responsible for the maintenance of the rule of law through their everyday actions.
The rule of law is the foundation on which a society can hope to fulfil its other ambitions. For example: robust infrastructure, economic growth, cleaner air, and all other aspirations depend on society having robust rule of law. Without the rule of law, individuals and companies alike would be uncertain about the legal consequences of their actions and would not be incentivised to act in accordance with the law. In such a case, more powerful and better-resourced entities would have their way without consequence whilst poorer parties would be left without legal options.
City solicitors uphold the rule of law in three major ways. Firstly, the work of a City solicitor is concerned with large and consequential matters. As a result, their work is a key barometer for whether the English legal system’s rules and mechanisms are robust enough to handle valuable matters. In jurisdictions where the rule of law is weak, powerful parties can often bypass legal obstacles in achieving their goals. However, the City is unique in being able to attract large deals whilst also ensuring adherence with the law. As such, City solicitors are key in achieving this balance. They must offer sound legal advice whilst also being easy to do business with.
Secondly, City solicitors work closely with government bodies and regulatory authorities to ensure the rule of law is respected. They do this both proactively and reactively. Proactively, City firms are at the forefront of recommending regulatory changes that improve the efficiency of the legal ecosystem. Reactively, City solicitors are often on the front line in implementing regulations.
Finally, many City solicitors are engaged in extensive pro-bono efforts. With recent cuts to legal aid, this private-sector contribution has become necessary in providing legal assistance and information to those who need it. The expertise that City solicitors have developed in drafting, reviewing and advocacy is often invaluable to poorly resourced projects.”
