Employers — when you need our permission
Last updated 16 October 2009
Struck-off, suspended or bankrupt solicitors
As a recognised sole practioner, recognised body (or manager or employee of a recognised body), you must not employ or remunerate any solicitor, registered European lawyer (REL) or registered foreign lawyer (RFL) who has been struck off, suspended or made bankrupt—unless you have obtained our written permission.
To obtain permission, please write to us.
Please provide us with detailed information about
- the type of work your prospective employee will perform, and
- the person who will supervise their work.
The application is yours, although we will keep the prospective employee informed.
What we will do
We will send you and your prospective employee forms to complete. We will seek local law society comments.
We will also check your firm's regulatory record.
If we grant permission, it is likely to include conditions.
The employee must not
- hold themselves out as solicitor,
- perform work reserved for solicitors, or
- breach the conditions of the permission.
You must not breach the conditions of the permission.
We will make a decision about your application for permission as swiftly as possible.
If we refuse your application, you have the right to appeal.
Appealing if we refuse permission to employ
You (the potential employer) have the right to appeal if we refuse, or impose conditions on, permission to employ a solicitor who has been struck off, suspended or made bankrupt.
You may invoke our internal appeals procedure. You must do so within 14 days of days of receipt of our reasons. Your appeal must state clearly the reasons for your disagreement with our decision.
An appeal to us can have the following outcomes:
- We may vary the first-instance decision.
- The decision on appeal might improve or worsen the outcome from your point of view.
If you remain unhappy with the appeal decision, you may appeal to the High Court.
You may appeal to the High Court ( section 41(3) of the Solicitors Act 1974 or paragraph 9, schedule 2 of the Administration of Justice Act 1985).
What can happen on appeal to the High Court
On appeal, the High Court may
- confirm our refusal or the condition imposed, or
- grant permission for such period and subject to such conditions as it thinks fit.
The decision of the High Court on appeal is final.
When you need our approval to employ, remunerate, accept as a manager or seek or accept an interest from a non-lawyer
You must seek our approval in relation to a non-lawyer if they are subject to an order under section 43 of the Solicitors Act 1974 because they have been
- convicted of a criminal offence, or
- involved in misconduct relating to their involvement with a legal practice.
Where this is the case, you must apply to us for approval to employ, remunerate, accept as a manager of a recognised body or seek or accept an interest from the individual subject to the order.
Our permission is not guaranteed. We could give permission for a limited period and impose other conditions on the employment.
We can refer your conduct to the Solicitors Disciplinary Tribunal, if you
- know that an individual is subject to section 43 and do not seek our approval, or
- contravene any conditions we have imposed.
Applying for approval
Before you employ, remunerate, accept as a manager, seek or accept an interest from anyone who is subject to section 43, you must obtain our approval.
We cannot guarantee to approve your application.
How to apply
Please write to us.
Please provide us with detailed information about
- the type of work your prospective employee, manager, or person from who you seek an interest will perform, and
- the person who will supervise their work.
The application is yours, although we will keep the individual informed.
What we will do
We will send you and the individual forms to complete. We seek local law society comments.
We will also check your firm's regulatory record.
We will make a decision as quickly as possible. If we refuse your application, you have a right of appeal.
Appealing if we refuse permission
You have the right of appeal against refusal or conditions imposed.
Within 14 days of the date of our letter or email informing you of our first instance decision, you must submit to the decision-maker
- written notice of appeal; and
- written, reasoned arguments challenging the decision.
If you do not comply with the time limit, you may lose your right of appeal.
What can happen on appeal
We may vary the first instance decision.
An appeal may improve or worsen the outcome from your point of view.