Co-operation and Accountability Flashcards
What is the general Duty to Cooperate?
Must keep up to date with the law and regulations governing the way you work.
Must cooperate with the SRA
Must not stop anyone from/discriminate against anyone for providing information to the SRA (or other body)
What must solicitors notify the SRA about?
Must PROMPTLY notify the SRA if:
- You are the subject of a criminal charge
- Insolvency events relating to you
- Changes to material information about you/your practice
- Any person (including yourself) has committed a serious breach of SRA regulations
What must firms notify the SRA about?
Firms must provide an annual information report (or another period specified)
Also must PROMPTLY notify the SRA of:
- Any serious financial difficulty of the firm
- Any insolvency event of the firm
- Any intention to stop operating as a legal business
- Any change to info in the register
- material changes to information about managers, owners, or compliance officers
When should you report a breach to the SRA?
(1) If you are AWARE that someone has committed a serious breach
(2) If you REASONABLY BELIEVE someone has committed a serious breach
What is the general rule when ethics principles conflict (e.g., the duty of confidentiality and the duty to report breaches)
The principle which safeguards the wider public interest takes precedence over an individual client’s interest
What is a “serious breach”
- Abuse of trust
- Dishonesty
- Taking unfair advantage of clients
- Misuse of client money
- Sexual or violent misconduct
- Criminal behavior
- Reckless disregard for obligations
- Repeated misconduct
Basically, not a concrete list but look out for persistent or concerning behavior
Is a solicitor’s duty to report to the SRA discharged if they tell their firm’s compliance officer?
Generally, yes.
However, the compliance officer does not need to report it. If the solicitor still feels the breach is serious enough to report then they are required to do so.
