The Solicitors Disciplinary Tribunal has lit a fire on the debate around the powers that can be wielded by the regulator, making clear it will fight to keep the status quo.

In a statement today responding to the SRA’s meeting with government ministers earlier this month, the tribunal stated it would oppose any attempt to give unlimited fining powers to the regulator.

The SRA used the government’s interest in the case of alleged wrongdoing by immigration lawyers to call for unlimited fining powers beyond its current threshold of £25,000. It also wants to be able to fine partners and firms who are connected with those who have committed serious misconduct.

The regulator’s call for greater power will naturally impinge on the SDT’s role and the two organisations are set to come into conflict when the matter is consulted on by the oversight regulator, the Legal Services Board.

In its statement, the tribunal said: ‘The SDT will engage fully in the consultation process in its robust opposition of unlimited fining powers being granted to the SRA.

‘The SDT delivers arm’s length adjudication, wholly separate from the investigative process, for which the SRA is responsible, in a manner that serves the fundamental principle of open justice. An independent, impartial and transparent regulatory framework is the bedrock of fairness and required in service of the overarching public interest.’

The SRA said last week that it wanted greater powers to create a deterrent to wrongdoing and said that the alternative of using the tribunal process was too long.

Chief executive Paul Philip said: ‘We agree with the [Law] Society that with issues like strike-offs it should go to the SDT. But that takes time and [to create] a deterrent it has to be as close as possible to the wrongdoing. It is likely to turn up at the SDT in a year’s time. If the SRA is threatening to fine the firm and the partners in the firm that is going to make a difference.’

 

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