header-logo header-logo

09 August 2023
Issue: 8037 / Categories: Legal News , Profession
printer mail-detail

Fines hike proposed in misconduct crackdown

Legal professionals could face tougher financial penalties and heightened scrutiny, under plans put forward by super-regulator the Legal Services Board (LSB)

The LSB, which oversees all ten legal services regulators, announced last week that it will review the tools available to regulators with a view to raising the financial penalties at their disposal and enabling them to proactively gather information and share intelligence about wrongdoing.

Alan Kershaw, LSB Chair, said: ‘For some time, we have been concerned that a lack of effective fining powers among some regulators, particularly the SRA, may hamper their ability to tackle wilful and serious misconduct.’

Anna Bradley, chair, SRA Board, said: ‘We have, for some years now advocated that the SRA be given unlimited fining powers to create that deterrent more quickly.

‘While individual solicitors should face the Solicitors Disciplinary Tribunal (SDT) for serious wrongdoing (and in appropriate cases forfeit their right to practise), that does not preclude the SRA from also fining them and their firm.’

However, the Law Society strongly opposes further hikes in penalties.

Law Society President Lubna Shuja said: ‘There is no evidence that the SRA’s current fining powers are insufficient.

‘The SRA does not exist on its own in the regulatory process. It sits alongside the SDT, which already has draconian powers to sanction any wrongdoing in the solicitors’ profession. These include not only fining powers but also the ability to remove a solicitor from the profession altogether.

‘The SDT remains the appropriate forum for serious cases of alleged misconduct. Further extending the SRA’s powers risks undermining the SDT’s role and authority and potentially reducing the sanctions imposed on bad conduct.’

The maximum penalty the SRA can impose was raised from £2,000 to £25,000 in July, 2022.

The SRA receives more than 10,000 complaints about firms and individual lawyers each year. In 2021/22, it referred 1,741 matters for investigation, resulting in 301 sanctions of which 49 were fines. It referred 76 cases of serious misconduct to the Solicitors Disciplinary Tribunal (SDT). 

The government is currently considering increasing the maximum SRA penalty for misconduct that falls into the category of economic crime.

Issue: 8037 / Categories: Legal News , Profession
printer mail-details

MOVERS & SHAKERS

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll