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SRA ‘frustration’ over transparency compliance
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21 Dec 2022 / global news Print

SRA ‘frustration’ over transparency compliance

The body that oversees solicitors in England and Wales has indicated that firms that are still unable – or refusing – to comply with transparency rules face tougher disciplinary action.

The Law Society Gazette of England and Wales said that the Solicitors Regulation Authority (SRA) was in the middle of a sweep of around 2,500 firms to check if they were providing the price and service information required, and that they were displaying the SRA digital badge.

An initial review of 500 websites has indicated a continued low level of compliance, according to minutes of this month’s board meeting.

The Gazette says it is understood that there is increased frustration at the SRA about solicitors’ reluctance to comply.

It adds that short shrift is being given to arguments that the requirements may not be easily understood.

New fining powers

In his report to the board, chief executive Paul Philip said: “Given the rules have now been in force for coming up to four years, and the fact that this group of firms have previously provided a declaration of compliance, we intend to take a more robust enforcement approach.

“Longer term, we will also be looking to utilise the proposed new fining powers as part of this enforcement exercise.”

According to the Gazette, the board suggested that it should send a “strong public message” about the need to comply with existing rules, and the prospect of “appropriate action” for those who did not.

As of earlier this year, the SRA has the power to issue fines of up to £25,000 without referring cases to the Solicitors Disciplinary Tribunal.

‘Not that detailed’

Speaking during a media briefing after the board meeting, Philip said that the SRA had discussed whether the rules were too complicated or difficult to understand, but he observed: “[These are] lawyers, who are used to dealing with detailed propositions, and it’s not that detailed.”

Law firms have to publish details of their employees’ experience, and the time that work is likely to take, as well as prices for certain types of work.

They must also display the SRA digital logo on their website, which confirms that a practising certificate is valid, and clicks through to an SRA-hosted page.

More than a dozen firms have been sanctioned for breaching transparency rules, with the penalty usually ranging from a rebuke to a £2,000 fine.

Gazette Desk
Gazette.ie is the daily legal news site of the Law Society of Ireland