Applies to both firms and lawyers
Regulatory decisions made against solicitors will now stay on a public register for longer under new rules.
Whilst details of misconduct by solicitors and law firms previously remained on the Solicitors Regulation Authority’s (SRA) website for three years, this has now been extended up to five years for individuals and 10 for firms in cases of serious fines. Minor fines will remain visible for three and five years respectively.
For those solicitors who receive a more serious suspension this information will remain published for 10 years, with strike-offs visible indefinitely.
Whilst the plans were announced by the regulator in early 2023, the Legal Services Board (LSB), the regulator’s regulator, stated that the new rules would first require its approval. An application was subsequently made in September 2024, and has now been approved.
The new rules will result in around 20% of the 660 or so decisions the SRA ordinarily makes each year remaining online for longer. Only “very few decisions” will be online for less time, the regulator has said.
The three year minimum for more minor misconduct is designed to reflect that “even low sanctions, such as rebukes and reprimands, are only issued where a serious breach has occurred”, it added. The LSB noted that the new approach will “more closely link the publication period with the severity of the sanction”.
This amendment will not impact the regulatory decisions that have already been published.
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Source: Legal Cheek