Regulation Introduction Flashcards
Must every firm have their own complaints procedure?
Yes - it is the first step for any client wishing to complain
When should complaints be referred to the the Legal Ombudsman?
Where complainant is an individual, small business, charities, clubs and trust
AND
Firm’s internal complaints procedure has been exhausted.
What can the Legal Ombudsman require the solicitor to do?
- apologise
- pay compensation
- correct or put right an error or omission
- take specific action in the interests of the complainant
- pay for the costs of the complaint and
- limit the firm’s fees
The LO has no powers to discipline or fine a lawyer - primary role is to resolve complaints
What is the role of the SRA?
They set the principles and code of conduct that solicitors and lawyers regulated by the SRA must comply with
When may a client complain to the SRA?
When the complaint concerns misconduct, dishonesty or breaches of the SRA’s rules
What power does the SRA have to do?
- issue a warning to the firm
- impose a disciplinary sanction eg a fine
- reprimand the solicitor for professional misconduct
- order the solicitor to repay or refund the whole or part of the costs to the client
- impose restrictions on a lawyer’s ability to practices
- institute disciplinary proceedings before the Solicitor’s Disciplinary Tribunal
- revoke recognition of a firm
- close down a firm
What is the role of the Solicitors Disciplinary Tribunal?
Independent statutory body. Deals with serious breaches of the SRA’s rules and disciplines solicitors.
What are the powers of the Solicitors Disciplinary Tribunal?
- strike a solicitor off the roll
- suspend a solicitor from practice for a fixed or indefinite period of time
- reprimand a solicitor
- impose a fine
- award costs against a party to proceedings
- make a restriction order, imposing a restriction on the area in which a solicitor can practice
No power to award compensation
What is the last resort for a client who is unhappy with the service they have received?
Court action
What is the role of the Law Society?
- represents solicitors in England and Wales to the public
- supports solicitors in their careers and practice
- is there to ‘fight your corner’ as a solicitor
What are the three key roles of the SRA?
- authorises organisations to provide legal services
- set and enforce standards for solicitors
- disciplinary matters
When does an organisation need to be authorised by the SRA to provide legal activities?
If they provide:
- reserved legal activities (unless exempt)
- immigration services (unless regulated by the Office of the Immigration Service (OISC)
- Claims management services (unless regulated by FCA)
- regulated financial activities unless authorised by the FCA
What approach does the SRA take towards regulation?
They take a risk-based approach to regulation.
They publish risks facing law firms and they require law firms and staff to take steps to reduce those risks
What does the SRA require in relation to professional indemnity insurance?
Requires firms to take out and maintain professional indemnity insurance that provides adequate and appropriate cover in respect of their practice.
Must be above minimum level of cover provided
What are reserved legal activities?
- rights of audience - right to appear before and address a court, including the right to call and examines witnesses
- conduct of litigation - the issuing of proceedings before any court in England and Wales; the commencement, prosecution and defence of such proceedings and the performance of any ancillary functions in relation to such proceedings
- reserved instrument activities - this includes preparing any instrument of transfer or charge for the purposes of the Land Registration Act 2002; making an application or lodging a document for registration under that Acct; and preparing any other instrument relating to real or personal estate for the purposes of the law of England and Wales
- certain probate activities
- administration of oaths
