The Law Society has issued guidance to help members avoid being caught by the Solicitors Regulation Authority's new fining powers.

Society president Nick Emmerson said: 'It is almost two years since the Ministry of Justice raised the SRA’s internal fining powers for solicitors and traditional law firms from £2,000 to £25,000, despite our strong opposition to the change. The fines we have been seeing issued range from around £12,000 to £23,000.'

Emmerson said that firms or individuals which have failed to follow their professional obligations should face appropriate sanctions - 'but we remain seriously concerned about the SRA acting as investigator, prosecutor and judge'.

The Solicitors Disciplinary Tribunal remains the most suitable jurisdiction for serious and complex matters,' Emmerson said. 'It guarantees greater transparency and objectivity and in addition to its unlimited fining powers it can suspend or strike off a solicitor. The Law Society is continuing to advocate for our members and are actively engaging with the Legal Services Board on their review of regulators’ enforcement and disciplinary powers.' 

The guidance on investigation and enforcement, what to expect from the SRA and the SDT and support available to solicitors or firms facing disciplinary action is available here.

 

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