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07 February 2008 / Marc Beaumont
Issue: 7307 / Categories: Opinion , Legal services , Procedure & practice , Profession
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A vain search

Marc Beaumont questions the legality of SRA investigations and adjudications

There is a hiatus in the powers of investigation and adjudication of the Law Society and the Solicitors Regulation Authority (SRA). One searches text books and websites in vain for express written procedural powers: for an SRA caseworker to investigate an initial complaint; to require a solicitor to respond to a complaint; to impose time limits for a response; to refer the response to the complainant; to ask the solicitor written questions; to refer the initial papers to an adjudication panel; to arrange for an adjudication panel to convene; or even to regulate the meetings of adjudication panels. The criteria by which the adjudication panel decides whether or not to refer a solicitor to the Solicitors Disciplinary Tribunal (SDT) are also unclear, as is how the information and documentation placed before the panel are regulated. We are also left in the dark about how and when the panel should consider a complaint raised by the society rather than one raised by a client.

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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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