Suspension of your practising certificate or registration
Last updated October 2011
Your practising certificate or your registration as a registered European lawyer (REL) will be suspended automatically if
- you are adjudged bankrupt;
- the Solicitors Disciplinary Tribunal (SDT) suspends you; or
- we have intervened in your practice, due to "reason to suspect dishonesty", breaches of the accounts rules, the Code of Conduct or investment business rules, or your committal to prison.
If you are a registered foreign lawyer (RFL), the effect of bankruptcy, strike-off or suspension from practice has the effect of suspending registration as an RFL.
How suspension affects you
Solicitors and RELs
If your practising certificate or registration is suspended, you are prohibited from practising as a solicitor or REL.
If this is because you are bankrupt, or we have intervened in your practice, you can apply to us to have the suspension lifted. If you are likely to be made bankrupt please let us know. Any application you make for suspension of your PC or registration to be lifted an only be considered once bankruptcy has occurred.
Unless they have written permission from us, no other recognised sole practitioner or recognised body can employ or remunerate you if you have been
- suspended by the SDT, or
- your practising certificate or registration has been suspended because you are an undischarged bankrupt.
A prospective employer can apply to employ or remunerate you.
RFLs
If your registration is suspended, you are prohibited from practising as an RFL.
If your registration is suspended by reason of bankruptcy, it will terminate only if the bankruptcy order is annulled. If registration is suspended by reason of strike-off or suspension from practice, it will be revived if your right to practise is restored or if you apply to us for the suspension to be lifted. If you are likely to be made bankrupt please let us know. Any application you make for suspension of your PC or registration can only be considered once bankruptcy has occurred.
How to apply to have an automatic suspension lifted
What you need to do
Please write to us.
Your application must fully explain why you believe the suspension should be lifted. If you know where you want to work, please tell us.
What we will do
We will consider your application. We can
- refuse to lift the suspension, or
- lift the suspension subject to conditions, or
- lift the suspension.
You can appeal our decision.
Revocation of your PC or registration
We may revoke your PC or registration (regulation 9.2 of the SRA Practising Regulations 2011) if, for example, we are satisfied that it was granted as a result of error or fraud.
If you are a recognised sole practitioner, in some cases, where we decide to revoke your PC or registration, we must give you 28 days notice, with reasons (regulation 10.3(a) of the SRA Practising Regulations 2011).
Revocation becomes effective on the expiry of a notice where applicable, unless there is an appeal when revocation will not take effect until the appeal is decided or discontinued.
How to appeal if we refuse to lift a suspension
You can appeal our decision to refuse to lift the suspension or impose conditions. You may invoke our internal appeals procedure before exercising your right of appeal to the High Court. You must do so within 28 days of receipt of notification. 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 disagree with our appeal decision, you can appeal to the High Court. You must do so either
- within 21 days of notification of our first instance decision; or
- within 21 days of notification of refusal of an appeal under our internal appeals procedure, as appropriate.
The High Court may
- affirm our decision, or
- terminate the suspension either with or without conditions as it thinks fit.
The decision of the High Court on appeal is final.
Our power to suspend your certificate or registration
If you have been convicted either of an offence involving dishonesty or deception or of an indictable offence, and we have made an application to the SDT, we can decide to suspend your current practising certificate or registration.
Your certificate or registration can be suspended for up to six months. This period can be extended for a further six months.
How it affects you
If your practising certificate or registration is suspended or revoked, you are prohibited from practising as a solicitor, REL or RFL.
No other recognised sole practitioner or recognised body can employ or remunerate you.
You have a right of appeal against the suspension.
Employment or remuneration
A recognised sole practitioner or recognised body is prohibited from employing or remunerating you if you are
- a struck-off or suspended solicitor, REL or RFL, or
- an un-discharged bankrupt with a suspended certificate.
However, they may employ you if they have our written permission. A prospective employer can apply to us for permission to employ you.