duties to the SRA & Compliance

Question 1

When should a solicitor notify the SRA automatically?

Answer 1

If:
- solicitor is subject to criminal charge, conviction or caution
- solicitor is made bankrupt, enters an individual voluntary agreement with their creditors or is subject to a debt relief order
- solicitor becomes aware of material change in info about them or their practice previously provided to the SRA
- solicitor becomes aware that info previously provided to the SRA about them or their pratice is false, misleading, incomplete or inaccurate

Question 2

If the client makes a complaint for misconduct to the SRA should the solicitor report it to?

Answer 2

Yes, as solicitor would be fulfilling the duty to act with integrity

Question 3

When should the solicitor report to the SRA for their misconduct?

Question 4

Can the solicitor report else where apart from the SRA?

Answer 4

yes, if solicitor provides the information to their firms compliance officer. But should still report to SRA if they are not satisfied the compliance officer will do so after investigating.

Question 5

What are the requirements for business?

Answer 5

mandates that solicitors holding a practising certificate must submit an annual return to the SRA.

solicitors engaged in reserved legal activities within a non-commercial organization must ensure the organization maintains sufficient and suitable indemnity insurance as per the SRA Indemnity Insurance Rules.

Question 6

Is finding a misconduct against a firm by the SRA against an individual manager?

Answer 6

Nom a manager only be considered to be responsible for their personal actions or if they should have known about or intervened to prevent the wrongdoing

Question 7

What must every firm have?

Answer 7

• compliance officer for legal practice
• compliance officer for finance and administration

can be the same person for sole practitioners and small firms

Question 8

Whats the role of the compliance officer for legal practice?

Answer 8

Ensure systems and controls are in place to enable the firm and those within it comply with their obligations under SRA, the firms authorization from the SRA and relevant statutory provisions

Question 9

Whats the role of the compliance officer for finance and administration?

Answer 9

Same as compliance officer for legal practice but in relation to compliance with the SRA Account Rules