header-logo header-logo

16 November 2022
Issue: 8003 / Categories: Legal News , Regulatory , Profession , Professional negligence
printer mail-detail

Adjudicators ‘acting as investigators’

Solicitors have not been offered adequate safeguards since the Solicitors Regulatory Authority (SRA) took over professional misconduct fines in the summer, the Law Society has warned.

In July, the SRA’s fining powers for law firms and solicitors increased from £2,000 to £25,000, with the SRA planning to decide more cases of alleged misconduct in-house instead of referring them to the Solicitors Disciplinary Tribunal. Alongside their increased powers, the SRA proposed additional safeguards to ensure its enforcement processes are sufficiently transparent and accountable. Its consultation, Financial penalties, ended in February 2022, and it has now set out its final position.

Commenting this week on the SRA’s plans, however, the Law Society said it had ‘serious concerns’ SRA adjudicators would be acting as ‘investigators rather than decision-makers’.

It also dubbed SRA proposals to increase fines against firms from a maximum of 2.5% to 5% of turnover ‘excessive and unjustified’.

Law Society president Lubna Shuja said: ‘Adjudicators, as SRA employees, have access to the regulator’s records and can see a solicitor’s past regulatory history.

‘This could prejudice their views and could lead to an unfair decision. We therefore suggest the information adjudicators can access be restricted to ensure a fairer process.

‘The SRA also proposes giving adjudicators sole discretion to invite witnesses to be interviewed to test their evidence and credibility. Adjudicators would then be acting as investigators and not decision-makers. The SRA also proposes that a respondent would not be present at such an inquisition. This cannot be fair.’

The SRA says increasing the fine threshold will reduce the cost, time and stress for those involved, while raising the turnover threshold will ensure fines are proportionate and act as an effective deterrent. It said it received ‘general support’ for its increase in fining powers and ‘mixed views’ on raising the threshold for firms, in consultation feedback.

MOVERS & SHAKERS

Clarke Willmott—Alexia Haines & Kelsey Wells

Clarke Willmott—Alexia Haines & Kelsey Wells

Clarke Willmott strengthens Birmingham private client team with double appointment

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

NEWS
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
Artificial intelligence does not demand a wholesale rewrite of liability law, argues an article challenging claims that new technology has created an accountability gap
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
back-to-top-scroll