header-logo header-logo

Fines hike proposed in misconduct crackdown

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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

back-to-top-scroll