header-logo header-logo

A vain search

07 February 2008 / Marc Beaumont
Issue: 7307 / Categories: Opinion , Legal services , Procedure & practice , Profession
printer mail-detail

Marc Beaumont questions the legality of SRA investigations and adjudications

There is a hiatus in the powers of investigation and adjudication of the Law Society and the Solicitors Regulation Authority (SRA). One searches text books and websites in vain for express written procedural powers: for an SRA caseworker to investigate an initial complaint; to require a solicitor to respond to a complaint; to impose time limits for a response; to refer the response to the complainant; to ask the solicitor written questions; to refer the initial papers to an adjudication panel; to arrange for an adjudication panel to convene; or even to regulate the meetings of adjudication panels. The criteria by which the adjudication panel decides whether or not to refer a solicitor to the Solicitors Disciplinary Tribunal (SDT) are also unclear, as is how the information and documentation placed before the panel are regulated. We are also left in the dark about how and when the panel should consider a complaint raised by the society rather than one raised by a client.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll