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Reprimands against solicitors to be made public?

29 January 2007

Reprimands against solicitors, especially those concerning misconduct, may be made public to help consumers make choices about legal services and to deter bad practice.

The Solicitors Regulation Authority (SRA) is asking for comments on proposals to publish many of the formal findings against solicitors that at the moment are confidential. At present, only decisions of the Solicitors Disciplinary Tribunal are made public.

"We believe that information about these decisions can help people decide whether to use a particular solicitor or firm. It might not be popular with everyone in the profession, but it may have a deterrent effect. We have to be properly accountable for our work in regulating solicitors", said Peter Williamson, chair of the Solicitors Regulation Authority Board.

"We also want more flexibility in the ways in which we can protect the public", he said. "For example, a published agreement between the regulator and the solicitor in which the solicitor agrees to make good any detriment to clients, and to improve future practice, may be quicker and more effective than drawn-out tribunal proceedings in less serious cases.

"In all our work, we should be driven by fairness, effectiveness, and public accountability."

The SRA proposes to publish

• findings of misconduct that result in a reprimand
• conditions put on practising certificates, such as requirements not to handle client funds
• details of allegations in cases accepted by the Solicitors Disciplinary Tribunal
• agreements to conclude a regulatory investigation, such as an agreed statement between the firm and the SRA
• decisions to intervene in legal practices and the legal basis for the decision

"We are asking for views from a wide audience on our proposals and on the fairest way of putting them into effect. We think these measures will increase public confidence in the solicitors’ profession and the way it is regulated", said Mr Williamson.

An online questionnaire, Modernisation of regulatory decisions, is available to complete at www.consultations.sra.org.uk until 4 May 2007.