The law: Taking centre stage in Brexit

If law students (and qualified solicitors) struggle with the operation and implementation of European laws, how will the man on the Clapham omnibus fare, asks Kevin Poulter

The debate may already seem interminable but, within a few months or so, Britain could have voted to exclude itself from Europe as we know it. Whether we should stay or go might be a personal choice for each registered voter but, as lawyers, do we have a right - or an obligation - to campaign one way or the other?

Already we have seen the Lord Chancellor, just one of the high-profile ministers advocating for the Vote Leave campaign, suggest that the 'deal' struck by the prime minister with the other 27 member states will not be binding on the EU. Although the claim is categorically refuted by former attorney general Dominic Grieve, this is an early example of the type of confusion, disagreement, claim, and counter-claim that we can expect in the run up to the 23 June referendum. From this, we can safely assume that the law, legal principles, and judicial powers will form a significant part of the debate. And there was us, thinking it was just about child benefits of migrant workers.

There is already much confusion about the role of the European Court of Justice and its relationship with the EU and authority over member states. It's not an easy relationship. Even a whole module of the law degree barely scratches the surface of how legislation is created and how it impacts on our own common law system. If law students (and qualified solicitors) struggle with the operation and implementation of European laws, how will the man on the Clapham omnibus fare? Unfortunately for him, the biggest influence may be the loudest, and with Boris, Farage, Galloway, and Grayling leading the UK's exit from Europe, on volume alone the prospect of us remaining part of the European alliance could be slim.

The significance of this decision, whether for personal, political, or business reasons, should not be underestimated and must certainly not be undermined. Regardless of what happens in June, commercial clients in particular will need to anticipate change and prepare according to their specific business needs. Once again, it is the role of the legal as well as financial adviser to support and guide, even if (for now) the way remains unclear.

What our role and duty might be towards our clients is clear. We will mostly be expected to maintain a professional position of political neutrality, but that does not diminish any personal responsibility to correct misinterpretation - whether wilful, malicious, or mistaken - when we see it, and advise on what we know and in the interests of our clients.

There may, of course, be some self-interest or personal motivation for campaigning one way or another. Some sectors of the profession may flourish under a legislative regime change, others may fare less well. But like so many areas of our lives where personal and professional lines blur, so long as we remain able to properly guide our clients without prejudice, provocation, undue influence, or offence, these relationships will continue, whatever happens in the summer and whatever the wide-ranging impact of the referendum may be.

Over the coming months, SJ will be helping to debunk some myths, correct errors, and offer the opinions of leading lawyers and legal commentators. As ever, we would also like to hear from you. Change may be coming, but where parliament and the courts are involved, we can be sure that it will not happen overnight.

Kevin Poulter is SJ's editor at large and a legal director at Bircham Dyson Bell @kevinpoulter