Describe The Regulation Of Solicitors Flashcards
(11 cards)
What is the governing body of solicitors in England and Wales?
The Law Society is the governing body of solicitors in England and Wales. It represents the interests of their members and promotes high standards across the profession.
Where is a complaint about a solicitor usually first made?
A complaint will usually first be made to the solicitor’s employer.
What can a complaint to the Solicitors Regulation Authority (SRA) address?
Complaints can address excessive fees, delay, lack of communication, or negligent advice.
What does the SRA do if there is evidence of professional misconduct?
The SRA will put the case before the Solicitors Disciplinary Tribunal (SDT).
What is the composition of the Solicitors Disciplinary Tribunal?
The SDT consists of 2 solicitors and one lay person.
What penalties can the SDT impose?
The SDT can order a fine, a written warning, or suspend or strike off a solicitor from the Roll.
What can a complainant do if they are unhappy with the SDT decision?
They can take the matter to the Legal Ombudsman.
What can the Legal Ombudsman order?
The Legal Ombudsman can order an apology, work to be re-done, a refund, or compensation of up to £30,000.
Can a solicitor be sued for negligence?
Yes, a solicitor can be sued in the civil courts for negligence in respect of advice/work and advocacy in court.
What case established that solicitors can be sued for negligence by non-clients?
This was established in WHITE v JONES (1995).
What case established that solicitors can be sued for negligence in respect of advocacy in court?
This was established in HALL v SIMONS (2000).
