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…
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…
Over recent years I have been astounded that certain professionals, including accountants, insolvency practitioners (IPs) and solicitors, appear unable to recognise a conflict of interest if it were to stand up and slap them in the face. Cynically, one could suggest…
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)…
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…
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…
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…
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…
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…
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…
