3: The regulation of solicitors Flashcards
What is the Law Society’s role.
Governing body of solicitors in England and Wales.
To represent it’s members interests- much like a union.
Where is a complaint usually made and give some examples.
To the solicitors employer. E.G- Excessive fees, delay, lack of communication or negligent advice.
Where is a second complaint made if the first one was not satisfactory resolved.
To the Solicitors Regulatory Authority. (SRA).
What will the SRA do if there is evidence of professional misconduct?
Put the case before the Solicitors Disciplinary Trubunal. (SDT).
What is the SDT made up of?
2 solicitors and 1 “lay person”.
What punishments can the SDT issue?
Fine, written warning, suspend or “strike off” a solicitor from practicing.
If the complainant is unhappy with the SDT’s decision where will they take the matter to?
The Legal Ombudsman.
What punishments can the Legal Ombudsman issue?
Apology, work to be re-done, refund or compensation up to £30,000.
What can solicitors be sued for in civil courts? (case)
Negligence in respect of advice/work. (White VS Jones).
Who can sue solicitors for negligence? (case).
Clients or those who have been affected by their work- and in respect of advocacy in court. (Hall VS Simons).
