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15 February 2013 / Antony Townsend
Issue: 7548 / Categories: Features , Profession
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Right to reply

Antony Townsend responds to criticism of the SRA’s approach to regulation

Ronnie Fox’s colourful perspective on the requirements of regulation paints a picture of a legal profession suffocating under a blanket of red tape and bureaucracy (“Under pressure”). The burden of regulation (not just from the Solicitors Regulation Authority (SRA)) is a real issue for legal services; but his caricature of outcomes-focused regulation (OFR) is neither accurate nor does it reflect the emerging evidence on the views of the profession.

Outcomes-focused regulation

OFR was launched on 6 October 2011. It is designed to replace traditional “tick-box” regulation with a new risk-based approach, allowing firms to achieve the right outcomes by delivering legal services in a way which best suits their individual clients and meets the public interest. The old Code of Conduct was 290 pages; the new one is 36 pages.

Ronnie suggests that the new approach leaves the profession to cope with uncertainty, and contrasts this with the supposed certainty of the old Code. It is true that OFR

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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