Regulation Of Solicitors Flashcards
What is the role of the Law Society in regulating solicitors?
The Law Society is the governing body of solicitors in England and Wales. It represents the interests of its members, promotes high standards across the profession, and acts similarly to a union.
Where is a complaint about a solicitor usually made first?
A complaint is usually first made to the solicitor’s employer (e.g. their law firm), often about issues such as excessive fees, delay, lack of communication, or negligent advice.
Which body regulates the conduct of solicitors?
The Solicitors Regulation Authority (SRA) regulates the conduct of solicitors. It was created under the Legal Services Act 2007.
What is the function of the SRA (Solicitors Regulation Authority)?
The SRA publishes a Code of Conduct, investigates any alleged breaches, and can refer serious cases to the Solicitors Disciplinary Tribunal.
What is the Solicitors Disciplinary Tribunal (SDT), and what powers does it have?
The SDT hears cases of professional misconduct referred by the SRA. It consists of two solicitors and one layperson. It can issue fines, written warnings, suspend solicitors, or strike them off the Roll (preventing them from practising).
What can a complainant do if they are unhappy with a decision made by the SDT?
If dissatisfied with the SDT decision, a complainant can take the matter to the Legal Ombudsman.
What is the Legal Ombudsman, and what are its powers?
The Legal Ombudsman, set up by the Office for Legal Complaints under the Legal Services Act 2007, can order an apology, that work be re-done, a refund be issued, or compensation of up to £30,000 be paid.
Can solicitors be sued for negligence in the civil courts?
Yes. A solicitor can be sued for negligence in advice or work, and in advocacy, as established in White v Jones (1995) and Hall v Simons (2000).
What was decided in White v Jones (1995)?
A solicitor can be liable for negligence in written advice or work that affects someone who is not their client (e.g., beneficiaries of a will).
What principle was established in Hall v Simons (2000)?
The case removed the barrister’s and solicitor’s immunity from being sued for negligence in court advocacy — clients can now sue for poor performance in court.
