Briefing quick find:

Brexit, the Human Rights Act and disciplinary proceedings

This article dispels any concern that the Human Rights Act 1998 (HRA 1998) might be abolished by Brexit and looks at the effect which the Act has on disciplinary proceedings. The European Convention on Human Rights There is no direct connection between the European Convention…

Solicitors Journal – Is there a better way than intervention?

Intervention, the death knell for a law firm, is the most draconian and irreversible measure in the SRA’s regulatory arsenal. Usually treated as a single whole, in fact intervention describes a bundle of rights which the SRA may invoke to take control of client funds and files, suspend practising certificates, and vest in…

Solicitors Journal – Planning for the unexpected

Conveyancing solicitors may find themselves rather scratching their heads over the recent decisions dealing with conveyancing transactions which failed because the seller was a fraudster. Although the direction of travel of the law on warranty of authority may be welcome, in that solicitors are not being asked to guarantee the identity of their…

When do solicitors fail to uphold the rule of law?

The SRA and SDT must establish a clear definition of principle 1, so that solicitors aren’t punished twice in different jurisdictions for the same act, argues Susanna Heley for the Solicitors Journal. There should be nothing objectionable about principle 1 of…

SRA and SDT’s dispute over disciplinary powers

Contradictions abound in the regulator’s use of section 43 orders and its powers to impose fines and rebukes on solicitors’ employees, writes Susanna Heley for the Solicitor’s Journal. The Solicitors Regulation Authority (SRA) has made relatively sparing use of its powers…

Solicitor’s Journal – Solicitors left in limbo

The SRA must act more quickly to investigate allegations against solicitors who have been refused a practising certificate, urges Susanna Heley for the Solicitors Journal. It’s that time of year again. Three months after the deadline for renewal of practising certificates,…

Solicitors Journal – Perceptions of misconduct

While the SRA’s ‘question of trust’ exercise aims to clarify what the profession and the public see as misconduct, the questions risk muddying the waters, says Susanna Heley in the Solicitors Journal. To welcome 2016, the Solicitors Regulation Authority (SRA) has…

The SRA’s intervention process is not infallible

Intervention is the most draconian of all the Solicitors Regulation Authority’s (SRA) powers. Since it basically involves the SRA showing up with a van to close the firm and taking control of its funds and files, leaving devastation and frequently…

A regulator must learn from its mistakes

The SRA’s downplaying of issues which are extremely serious for individual solicitors is not encouraging, writes Susanna Heley for the Solicitors Journal. In last month’s column (SJ159/38), I included some commentary about the case of SRA v Chan and Ali. I…