Special features

Explore this edition's CLL guest feature, and get to know one of our Partners in “Coffee with...”

Special features

Coffee with… Siân Morgan

We speak to Siân Morgan, Partner in our medical team to find out more about her regulatory expertise, and how she's seen the landscape evolve during her career.

Tell us about yourself

I grew up wanting to be a doctor not a lawyer. My father was a GP, my mother a dentist, my sister a psychiatrist and both my cousins are hospital consultants. Unfortunately, I was useless at sciences, so I thought I would try for the next best thing and aim to become a medical lawyer. I was lucky enough to train and qualify with a firm with a clinical negligence team, and even more fortunate to join RPC's Medical and Life Sciences team in 2015 to work with Dorothy Flower. I am based in RPC's Bristol office and have been growing our medical malpractice and healthcare regulatory work in Bristol. I love what I do, and I can't imagine doing anything else. It is a great privilege to help healthcare professionals facing some of the most challenging events of their careers.

How have you seen the
regulatory landscape change during your career?

I have been doing healthcare work long enough to remember the inception of the Care Quality Commission (CQC) in 2009 and the introduction of a whole new regulatory framework which has proved challenging for healthcare organisations. I have also seen the reach of the other regulators extend and individual healthcare practitioners facing far greater scrutiny than they did when I started practising law over twenty years ago. In addition, the scope of Coroners' inquests has broadened over the years, so health and social care organisations are required to be involved in far more inquests than used to be the case.

What types of regulatory advice do you offer to clients?

My team and I advise health and social care organisations facing criminal prosecution by the CQC over the deaths of people in their care. We also act for individual doctors, dentists, nurses, chiropractors and other healthcare professional facing investigations into their fitness to practise by their regulators. These clinicians are usually extremely upset and stressed, and need extensive support from their lawyers. Fortunately, the Medical & Life Sciences team at RPC is made up of extremely empathetic and caring people who are well equipped to guide our clients through such torrid times.

In addition, we represent health and social care organisations at inquests. The inquest process is a challenging one. This is particularly so because Coroners have an extremely wide discretion (meaning that one can never quite predict what is going to happen) and inquests often attract a lot of publicity. We support our clients and their employees through the whole process, minimising the impact of the inquest on both the organisation and the individuals called to give evidence about the death.

What are the biggest regulatory challenges you’re seeing organisations face?

The main challenges across the board are the delays in the process and the uncertainties involved. Different regulators treat complaints very differently, with some professions being subject to greater scrutiny than others. Waiting, and preparing for, investigations and inquiries is stressful and time consuming, and organisations and individuals are acutely aware that the outcome may have an extremely damaging affect on their business or livelihood.

“stunned by the extent of the failings of the institution that is supposed to identify and act on failings”

Looking ahead how do you see the regulatory landscape evolving?

The current health and social care secretary, Wes Streeting, has ordered an overhaul of patient safety in England with a review of six different regulatory organisations including the CQC. He has said that he is "stunned by the extent of the failings of the institution that is supposed to identify and act on failings" and that he has no confidence in the CQC's inspection ratings of healthcare services. This has come as no surprise to the health and social care organisations that we support who have direct experience of the CQC's inspectors' lack of understanding of the services they deliver and inconsistencies in approach. This has seen good service providers being unfairly assessed and has put them under huge financial and public pressure. Mr Streeting's promise of a wholescale review has therefore come as very welcome news, albeit there is a great deal of scepticism around how a system so broken can be mended. I am looking forward to supporting my clients through whatever changes come next.

Siân Morgan
Partner
+44 7545 100380
sian.morgan@rpclegal.com

Special features

Coffee with… Rebecca Cater

Head of CLL

Can you tell us a bit more about CLL and why the centre was created?

The Centre for Legal Leadership (CLL) was created in 2016 as a community and knowledge space for those working in in-house legal teams. At the time there was a lack of recognition that an in-house role is a totally different ballgame than working in private practice, and often little in the way of support for in-house teams dedicated to developing their legal skillset, which calls upon a whole host of business skills and relationship strategies. Hence CLL was born - very soon into our journey we recognised the same need for other non-legal roles that fall into the CLL space and naturally welcomed these into the community – eg Company Secretaries, Heads of Compliance and Risk and Claims and Loss Adjusters to name a few. CLL offers personal and team development training, webinars, coaching, mentoring, networking and clinics, that are all fully supported by our extensive knowledge library available on our purposefully built website.

How do you identify the key themes and topics for your annual program of training and events?

I'm often asked this, and the answer is simple - by listening. Every day the CLL team are engaged with our incredible community, whether in-person or online, and what we hear is fed directly into the programme. We also have an eye on the horizon and consider how this may directly affect businesses and the in-house role. CLL has an amazing team of contributors, coaches, trainers and we can call upon our special relationship with RPC to bring our members their expertise – all feeding into our comprehensive program.

Over the years, how have the professional development needs of in-house lawyers changed? Are there any surprising trends?

The biggest change we've seen and recognised, and no surprise here, is that working in-house requires an additional skillset and different support to those in private practice. An effective (and supported) in-house team is a huge asset for a business, and offers significant value, investing in the team and individual's development can have a significant impact. The unique helicopter view is shared by very few in a business, utilising the lawyer/commercial partner mindset in the initial planning, involvement in all negotiations, calling upon numerous stakeholders' relationships etc demonstrates the special worth this collaborative team can bring.

“Horizon scanning is a must and should go hand in hand with adjustments to the business's risk matrix.”

How has the rise of legal technology and innovation influenced the demands and expectations of CLL's audience?

There's often a perception that legal tech is at the top of an in-housers concerns, this couldn't be further from what we see. In-house teams can often lag behind in legal tech, as the focus is on business as usual, and the approach is often to tweak systems already being used within the wider business rather than implementing new tech.

One area where change is happening however, is in legal operations, with many organisations introducing a specific legal operations role. Recognising the importance of this role is a huge breakthrough and is being seen more and more in the UK following trailblazer work of CLOC, initially in the States. The focus can now be on maximising the value and efficiency of the team with tech purpose-built to support the team rather than having to fit within a predetermined functionality.

What trends have you observed in how legal teams approach risk and compliance in today’s fast-changing regulatory environment?

The complexity of regulation especially over which regulatory power "trumps" another, and adding in international factors are the biggest trends we've seen. The in-house legal team is usually stretched with BAU and major project work. We are seeing law firms assist with sector and company specific regulatory publications and sessions providing vital support.

Are there particular areas of regulation such as ESG, data privacy, and AI that have sparked heightened interest or concern among CLL members?

All examples mentioned are discussed regularly, but the one which jumps out is data privacy. The highlighted cases of data breaches in the press are just the tip of this iceberg; regulatory investigations and fines coupled with negative brand reputation are of huge concern to in-house teams. The fast pace and sophistication of tech infrastructure add to the complexity and often fall outside of the legal team's expertise.

How can in-house legal teams stay ahead of regulatory developments, and support does CLL offer?

Horizon scanning is a must and should go hand in hand with adjustments to the business's risk matrix. The volume of information hitting people's inbox makes this easier said than done. A few ways to manage new developments can be to ask your law firm to supply sector specific information. Through this relationship current plans/strategy may be known so can also be factored in. Use subscriptions your organisation likely already has (eg Thomson Reuters PLC, Lexology etc) to set up alerts on areas of interest, and subscribe to thought leadership publications like RPC's Regulatory Radar series. Look for groups that cover areas most relevant to you and join (The Chancery Lane Project or Legal Geek, for example) and not forgetting CLL's own Future of Regulation Forum. This Forum provides an opportunity for senior lawyers (from major regulators and the organisations they regulate) to discuss topical issues in a safe, virtual environment under Chatham House rule. Please contact us for more information.

Are there any new areas or topics you’re planning to incorporate events and training to address the changing landscape of legal and business environments?

Ethics is a core element of CLL's programme. 2025 will see us refocussing on the challenges in-house teams face, joining forces with RPC Partner, Graham Reid, who will be sharing his first-hand regulatory expertise. We will also be looking at tech from the legal counsel viewpoint – navigating the noise and delving into areas of actual concern.

About CLL

The Centre for Legal Leadership (CLL) is a resource for in-house lawyers on everything other than law. CLL provides advice, insights and support to help you find your feet and build your career as an in-house lawyer.

They also run regular events for GCs, including the quarterly Regulation Forums for senior leaders in major regulators and in the organisations that they regulate. These roundtables are held under Chatham House rule. Attendance is by invitation and the sessions are chaired and moderated by CLL. Find out more.

Resources

The Centre for Legal Leadership
A community and knowledge hub for those in-house by in-house, providing free training, networking, events, mentoring and a wealth of in-house information, including Loneliness at the top and Resilience and recovering from setbacks.

LawCare
A mental health charity for the legal sector, providing support and advice. With a free and confidential helpline, open 9am to 5pm every weekday (except bank holidays). Tel. 0800 279 6888.

Looking at your regulatory priorities

This report provides a snapshot of the regulatory priorities and challenges shaping the agendas of legal, risk, and compliance teams in UK organisations. Drawing on the views of in-house professionals, it highlights key trends and insights into their strategies for managing risk, addressing environmental, social, and governance (ESG) issues, and preparing for the growing impact of artificial intelligence (AI).

Respondents identified their top regulatory priorities for the next 18 months, with AI, ESG, consumer duty, corporate crime compliance, and data protection taking centre stage. The increasing volume and complexity of regulation emerged as the most significant challenge, especially for organisations navigating cross-border compliance.

Our research focused on three key themes:

how organisations manage risk
approaches to ESG
preparedness for AI and its associated regulations.

Managing risk: how well-protected are organisations?

Risk management remains a critical area of focus for organisations. A notable 92% of respondents rated their organisation’s strategies as effective, though the average score for risk protection was a moderate 3.38 out of five.

Organisations employ a range of methods to support their risk management strategies:

80% rely on internal expertise
72% conduct audits
80% seek external advice
24% use external data sources.

In addition, several respondents cited the establishment of internal risk committees as a key mechanism for strengthening their approach.

The frequency of formal risk assessments varies:

32% conduct them quarterly
40% annually
4% every six months.

However, some respondents reported having no formal review process or were unsure of their organisation’s approach.

Are organisations ready for AI?

Artificial intelligence presents both opportunities and challenges for organisations. While 38% of respondents anticipate a minor impact from AI regulation, 50% foresee moderate or significant disruption, and only 12% expect no impact at all.

Respondents identified key benefits of AI technology, including enhanced operational efficiency and improved customer experiences. Yet regulatory challenges loom large:

82% are concerned about data privacy and protection
50% focus on ethical considerations
45% highlight compliance with AI-specific regulations
36% identify transparency and accountability as key challenges.

When asked to rate their organisation’s readiness to address AI-related regulatory challenges, the average score was 2.35 out of five, reflecting significant room for improvement.

ESG: a priority for organisations?

ESG remains a pressing issue for UK organisations. Over the next 18 months, 72% of respondents see ESG as a high priority, while 76% report board-level engagement with these issues.

Integrating ESG into business practices emerged as the most significant hurdle, with 72% citing it as a challenge. Organisations are adopting various strategies to meet their ESG goals:

nearly three-quarters are implementing sustainability reporting
64% are focusing on policy development and implementation
stakeholder engagement is another key area of focus.

A snapshot of the regulatory landscape

This report draws on the views of 26 in-house legal, risk, compliance, and leadership professionals, providing a snapshot of how UK organisations are navigating the evolving regulatory landscape. While the findings reflect a small sample, they offer valuable insights into the priorities and challenges faced by businesses grappling with a complex and fast-changing regulatory environment. Percentages have been rounded, so minor rounding errors may apply.

Special features