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Regulatory Affairs Committee Update

This may be my final col- today is very different to released from the regula- particularly timely that the managers may be held to
umn. Ever. Why? Because that of 20 years ago. The tory requirements in the SRA flags its concerns account for any mischief
according to some (the Law Society is doing some Code of Conduct. about improper or abusive their staff have been up to
French), by the time we go good work in this area and litigation given recent re- even if they have been
to press the world will be it’s reassuring that our reg- The SRA reminded solici- ports that two North West oblivious to the same. This
ending towards the end of ulator is also willing to in- tors that whilst it is open to firms have been referred to section of the “Risk Out-
September because we vest the time and resource them to limit a client’s re- the SRA for alleged mis- look” strikes at the heart of
have failed to address cli- into helping us to redefine tainer, it is hard to see how conduct whilst dealing what risk management is
mate change. Climate and/or re-establish our this would be in the best with claimant personal in- all about – from work ac-
chaos will reportedly professional image. interests of a criminal jury claims. It is a concern quisition, taking client’s in-
ensue. Not convinced by client. At all times Out- that the number of reports structions, supervision,
conspiracies, I prefer to ABS and SRA decision come (1.12) must be ad- to the SRA from clients, the conflicts, and duties to the
focus on the regulatory cli- making hered to so that clients are courts and other parties to court. It is a must read for
mate: are ABSs taking over in a position to make in- litigation is on the increase all COLPs and COFAs.
the universe? Will NASA’s The Legal Services Board formed decisions about and our solicitor’s defence
work up there soon mean recently released details of the services they need, specialists are expecting Right, that’s it from me. If Michelle Garlick
we can outsource back-of- proposals for deregulation, how their matter will be more panicked calls from the world does end next Chair, Manchester
fice functions to the moon? including minor amend- handled and the options individuals referred to the month then I promise to Law Society Regulatory
Is the Cube (SRA’s prem- ments to the Legal Services available to them. It might, SDT for failure to act with attend the next COLP & Affairs Committee
ises) really the new Death Act which are designed to in such situations, be in the integrity. Whilst, quite COFA forum (1st October Weightmans LLP
Star? Ok maybe I’m exag- give the SRA greater dis- clients best interests for an- frankly, the mad and the at 8.30am) dressed as an
gerating, but there’s so cretion when it comes to li- other firm to accept the in- bad should be held to ac- alien!
much going on that it does censing ABSs. The Compli struction. count, what a lot of people
feel like we’re on the verge team deals with a large don’t realise is that law firm
of the next big bang in number of complex ABS Since the warning notice
legal services! applications and I know I was issued the SRA has
speak for us all when I say come out and said that it
A question of trust we all welcome any in- does not believe that the
creased discretion for the Protocol strikes the right
The SRA has launched a SRA in this area. I appreci- balance between what the
campaign which will run ate that the changes are firms engaged in such ac-
until January 2016 asking designed for the other ap- tion are trying to achieve
for views on the profes- proved regulators too, but and overriding profes-
sional standards expected in reality they will predom- sional obligations. This is a
of solicitors. The purpose of inantly affect SRA-regu- somewhat sensitive issue
the exercise was set out by lated ABSs because the and whilst this is not the
Paul Philip:"We know that solicitors’ regulator is the forum for getting drawn
principles such as honesty only one of the nine under into such arguments, it is
and independence are at the the LSB’s umbrella that can worth noting that many
heart of solicitors' profes- regulate ABSs and all re- practitioners believe that
sionalism, and we want to served legal activities. I also since the purpose of the
understand what that agree with the point made action is to safeguard ac- Partnership
means in practice..……Our by the LSB that the licens- cess to justice they are par-
ambitious reform pro- ing rules are currently ticipating in a noble cause.
gramme is about setting drafted with a presump-
and embedding profes- tion that ABSs are more I have to say that most en-
sional standards that help risky than non-ABSs, which quiries we have fielded
create an open, competitive is not necessarily the case. about regulatory issues
and innovative market. En- There are numerous rea- surrounding participation
suring consumer protection sons why the introduction in the action have been fo-
while reducing regulation of non-lawyer managers cused on whether or not a
places more responsibility and/or external investment firm should accept fresh in-
on individuals, so it is essen- can actually improve the structions. We haven’t en-
tial that we make sure we risk profile of an ABS. countered anyone yet who
are getting the balance right plans on leaving their cur-
when it comes to our deci- SRA warning notice for rent clients dangling or un- Is your partnership sinking fast?
sion-making and actions." solicitors involved in represented in court. For
legal aid protests the most part practitioners
To kick this off, 10,000 solic- seem very keen to ensure Protect yourself with advice and support from Ralli,
itors have been asked to At the end of July the SRA that they properly dis- the number one Partnership Law firm.
participate in a survey issued a warning notice charge current retainers.
which asks them to score aimed at solicitors partici- Call 0161 832 6131 or email [email protected]
how seriously they regard pating in legal aid protests And finally ………
a number of different sce- who chose to follow the
narios. To my mind, this protocol issued by the The SRA 2015/2016 Risk
echoes the comments Paul Criminal Law Solicitors’ As- Outlook
Marsh made over the sum- sociation, London Criminal
mer at the Manchester Law Courts Solicitors’ Associa- If you haven’t read this al-
Society Regulatory confer- tion and the Big Firms ready then put down that
ence about the strength of Group. The crux of the glass of wine, get on your rallipartnershiplaw.co.uk
the solicitor brand. There is guidance is that an individ- laptops and download a
no doubt in most practi- ual solicitor or firm who copy immediately. As al- follow us @PartnershipLaw
tioners’ minds that the real- choses to adhere to the ways, the Outlook is highly
ity of being a solicitor protocol is not in any way informative and I think it is