7: Cooperation And Accountability Flashcards
7.1
You keep up to date with and follow the law and regulation governing the way you work
7.2
You are able to justify your decisions and actions in order to demonstrate compliance with your obligations under the SRA’s regulatory arrangements.
7.3
You cooperate with the SRA, other regulators, ombudsmen, and those bodies with a role overseeing and supervising the delivery of, or investigating concerns in relation to, legal services.
7.4
You respond promptly to the SRA and
a) provide full and accurate explanations, information and documents in response to any request or requirement
b) ensure that relevant information which is held by you, or third parties carrying out functions on your behalf which is critical to the delivery of your legal services, is available on inspection by the SRA.
7.5
You do not attempt to prevent anyone from providing information to the SRA or any other body exercising regulatory, supervisory, investigatory, or prosecutory functions in the public interest
7.6
You notify the SRA promptly if;
a) you are subject to any criminal charge, conviction or subject to the Rehabilitation of Offenders Act 1974;
b) a recent insolvency event occurs in relation to you; or
c) if you become aware:
I) of any material changed to information previous to the SRA, by you or on your behalf or your practice, including any change to information recorded in the register; and
ii) that information provided to the SRA by you or on your behalf, about you or your practice may be false, misleading, incomplete or inaccurate
7.7
You report promptly to the SRA or another approved regulator, as appropriate, any facts or matters that you reasonably believe are capable of amounting to a serious breach of their regulatory arrangements by any person regulated by them (including you)
7.7
Notwithstanding para 7.7, you inform the SRA promptly of any facts or matters that you reasonably believe should be brought to its attention in order that it may investigate whether a serious breach of its regulatory arrangements has occurred or otherwise exercise its regulatory powers
7.9
You do not subject any person to detrimental treatment for making or proposing to make a report or providing or proposing to provide information based on a reasonably held belief under paragraph 7.7 or 7.8 above or para 3.9, 3.10, 9.1 (d) or (e) or 9.2 (b) or (c) of the SRA code of conduct for firms, irrespective of whether the SRA or another approved regulator subsequently investigates or takes any action in relation to the facts or matters in question
7.10
You act promptly to take any remedial action requested by the SRA. If requested to do so by the SRA you investigate whether there have been any serious breaches that should be reported to the SRA
7.11
You are honest and open with clients if things go wrong, and if a client suffers loss or harm as a result you put matters right (if possible) and explain fully and promptly what has happened and the likely impact. If requested to do so by the SRA you investigate whether anyone may have a claim against you, provide the SRA with a report on the outcome of your investigation, and notify relevant persons that they may have such a claim, accordingly.
7.12
Any obligation under this section or otherwise to notify, or provide information to, the SRA will be satisfied if you provide information to your firm’s COLP or COFA, as and where appropriate, on the understanding that they will do so