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Briefing quick find:

Challenging judicial criticism

Susanna Heley advises solicitors who are the subject of adverse findings in a case to which they are not a party on how they should respond. At what point should the court impute fraudulent actions on the part of a client…

Insolvency: When is intervention necessary?

Solicitors should understand their professional obligations following bankruptcy rather than relying on the SRA and insolvency practitioners, advises Susanna Heley The relationship between the Solicitors Regulation Authority (SRA) and insolvency practitioners (IPs) should be fairly straightforward. Both have statutory obligations to…

The SRA’s fraud focus

In view of the risks posed to firms by online fraud, cyber security is an area in which we all need to be a little more tech-savvy, warns Susanna Heley The Solicitors Regulation Authority’s (SRA) recent reminder to firms to be…

Statement of solicitor competence

Incoming changes to CPD will require a culture shift for many solicitors, including an increased focus on soft skills, says Susanna Heley April 2015 saw the introduction of version 13 of the Solicitors Regulation Authority (SRA) Handbook. Aside from minor tweaks,…

Standard of proof

A firm’s appeal to the SDT against an SRA decision raises the question of the standard of proof to be used in disciplinary matters, says Susanna Heley Solicitors considering appeals to the Solicitors Disciplinary Tribunal (SDT) against internal decisions of the…

How far should regulation extend?

Susanna Heley considers the SRA’s proposals to relax the separate business rule The SRA’s recent consultation on the separate business rule, which closed on 12 February, throws up a number of interesting questions about the nature and purpose of regulation and…

Prepare for impact

The Consumer Impact Report provides practitioners with a valuable indication of what may be to come as regards regulatory change, says Susanna Heley There has been quite a flurry of activity in legal services regulation of late. Alongside the BSB finally…

Money laundering prosecutions are in the pipeline

Susanna Heley discusses the three main areas where solicitors should identify risk. Reports and statements issued over the last couple of months demonstrate that money laundering remains a significant problem for the profession. Not only have domestic authorities reaffirmed their commitment…

Raising the red flag

Firms should undertake due diligence on new clients and potential employees as a matter of course to stay one step ahead of potential fraudsters, advises Susanna Heley The recent autumn update of the SRA’s risk outlook comes complete with additional notes…