Briefing quick find:

Truth and justice versus certainty and finality

This article was first published in the Solicitors Journal in the June/July 2019 issue It seems inherently wrong that a solicitor facing adjudication proceedings should be sanctioned and face professional consequences if they’ve done nothing wrong, says Susanna Heley   I wonder how…

The SDT and the standard of proof

In a current consultation, the Solicitors Disciplinary Tribunal (SDT) is looking at the standard of proof in its proceedings. The difficult questions Should a solicitor be struck off for dishonesty if the SDT is not sure whether he has been dishonest? Is…

Practical tips for COFAs

Breaches of the SRA Accounts Rules 2011 can happen in any firm, no matter how well managed. But there are things you can do to minimise their occurrence. The breaches can range from minor bookkeeping errors to sophisticated employee frauds. No…

SRA – Change in the law on dishonesty

The law relating to dishonesty has recently changed. In Ivey v Genting Casinos [2017] UKSC 67 the Supreme Court set out the test for dishonesty in the following way: ‘When dishonesty is in question the fact-finding tribunal must first ascertain (subjectively)…

SRA warning notice: Holiday sickness claims

The Solicitors Regulation Authority (SRA) is investigating solicitors firms which have acted for claimants on holiday sickness claims. That follows the disquiet expressed by the government, ABTA and tour operators on false claims. Solicitors should be prepared for a detailed…

Solicitors Journal – Wildcard regulators

Protection of confidentiality and privilege is a principal tenet of legal practice. In an era of cloud computing, ransomware attacks, and perpetual concern about cybersecurity, ensuring that information given to and held by solicitors is secure is of paramount importance. Confidential…

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…

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…