Ethics 5: co-operation and accountability

Question 1

What are the requirements of solicitors and firms for cooperating with the SRA?

Answer 1

Have general duty to co-oporate with SRA and other ombudsmen
- must not attempt to prevent anyone providing them information
- must not subject someone to detrimental treatment for providing information

Question 2

What are the rules to responding to the SRA?

Answer 2

Must respond to them and:

• provide full and accurate explanation, information and documents in response to any request or requirement; and
• Ensure that relevant information is available for inspection by the SRA (including info held by you or a 3rd party carrying out functions on your behalf which are critical to the developer of your legal services)

Question 3

What events must solicitors notify SRA of?

Answer 3

Must notify them promptly if:

• you are subject to any criminal charge, conviction or caution
• a relevant insolvency event
• you become aware of any material change to information about you or your practice that was previously provided to the SRA by you or on your behalf, and such information may be false, misleading, incomplete or inaccurate

Question 4

What events must firms notify SRA of?

Answer 4

Must notify SRA promptly of:

• any indicators of serious financial difficulty relating to the firm;
• any insolvency event relating to the firm;
• the firm’s intention or awareness that it will cease operating as a legal business;
• any change to information recorded in the register; or
• material changes to information about its managers, owner or compliance officers that was previously provided to the SRA by firm or on its behalf

Question 5

What are your duties to report breaches to SRA?

Answer 5

Have to report promptly any
- serious breaches
- any facts or matters which you reasonably believe are capable of amounting to serious breaches

Both for yourself or anyone else

Question 6

What is a serious breach in relation to reporting to SRA?

Answer 6

Not defined by SRA

May include:
- abuse of trust
- dishonesty
- taking unfair advantage of clients or others
- misuse of client money
- sexual or violent misconduct
- criminal behaviour

Question 7

How can a solicitor inform SRA of breaches?

Answer 7

Directly

Indirectly
- through firms COLP or COFA on the understanding that they will provide info to SRA
- if officer does not consider issue serious enough to report solicitor must do so themselves

Question 8

What must you do if you make a mistake that effects a clients matter?

Answer 8

Must be honest and open with client

If they suffer loss or harm as a result must:
- put matter right if possible; and
- explain fully and promptly what happened and the likely impact

If requested by SRA
- must investigate whether anyone may have claim against you
- provide SRA with a report of outcome of your investigation and notify relevant persons that they may have claim