The law and regulation of solicitors : serious breaches and practising certificate conditions

This book covers the current situation of serious breach (and its predecessor, material breach), practising certificate and firm conditions, in the context of legal services regulation and solicitor professionalism. When discussing serious breach, we also discuss the position for obtaining an accountants' report, for Reporting Accountants, and for sending the report to the regulator, as a form of serious breach or self-reporting. The book, although the writer's view, is a reference work, but also provides many opportunities for continuous professional development and learning throughout. If we can discuss the regulatory tools in operation around us, and learn from them, we can design a system of reporting, management, and professionalism that reflects modern solicitor practice and the ways in which solicitors would like to work. The writer would like the work to design this system to be solidly grounded within the regulated community so it reflects their voice, engages them, and happens in a way which is not imposed upon the regulated community, but comes from them too. In Part Two, we consider the current regulatory situation, looking at the approved regulators and their operation, alongside the current practising arrangements available to solicitors. This part covers the different types of practice solicitors can run, and how they are distinguished from each other. In Part Three, we cover Practising Certificate conditions, and the various requirements for imposing those conditions. We look at common conditions, and how the regulations for imposing conditions have developed over many years. In Part Four, we cover firm conditions, and the requirements for imposing conditions on regulated entities. We look at the reasons why this is so rare, and discuss options for the future. This section also covers some material on law firm management, alternative business structures, and change in the sector. In Part Five, we consider serious breach, and the requirement to self-report. This section primarily focuses on the requirement to make a self-report to the regulator. The section also looks at the consequences of reporting, regulatory investigations and conducting your own investigation. We examine the responsibilities and statutory objectives of the legal regulators later in this in this book, providing us with a deeper understanding of their purposes for gathering information and the risk-based monitoring of practices. "This new title engages law staff and those in prominent associated roles in confident regulatory practice, by detailing the legislative framework sitting behind the Solicitor Regulation Authority's (SRA) regulations. The legal discussion is accompanied in each section by a separate practical discussion of: - the management issues arising from the legislation - possible solutions for implementation within firms - regulatory debates - analysis of the possible gaps The book focuses on practice as an annual event, covering the need to renew, and the idea behind returning to the regulator for authorisation each year. With an in-depth look at practising certificate conditions and the overall management of legal risk; the focus of the calendar year will also draw out other reporting events. With specific content for solicitors, reporting accountants, law firm managers, freelancers, non-regulated firms employing solicitors, registered European lawyers, registered Foreign lawyers, and those subject to other competing forms of regulation, the book reflects and describes legal risk for all forms of modern legal practice. As part of the management discussion for firms it also covers strategic decision making for firms and the different regulatory and risk management outcomes of setting up a practice in different ways."-- Provided by publisher Preface Table of Cases Table of Statutes Table of Statutory Instruments Table of SRA Rules and Regulations Introduction Part 1 Professional practice Section 1: Technical content Section 2: Discursive content Part 2 Practising arrangements Section 1: Technical content Section 2: Discursive content Part 3 Practising Certificate Conditions Section 1: Technical content Section 2: Discursive content Part 4 Firm Conditions Section 1: Technical content Section 2: Discursive content Part 5 Serious Breach Section 1: Technical content Section 2: Discursive content Part 6 Reporting Requirements for Accountants Section 1: Technical content Section 2: Discursive content Part 7 Conclusions and Future Developments Part 8 Previous Problems Appendix Bibliography and References Index