SRA Principles

You are reading current version in effect from 25 November 2019
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You are reading current version in effect from 25 November 2019

Guidance

Guidance

Investment schemes - Warning notice

Warning notice: This warning notice sets out the dangers of becoming involved in and facilitating dubious investment schemes.

Law firms carrying on insurance distribution activities - Guidance

Guidance: To help you understand key changes introduced by the Insurance Distribution Directive (IDD).

SRA Principle 2: public trust and confidence - Case studies

Case studies: These case studies should be read in conjunction with the guidance on Principle 2 - public trust and confidence.

Access to and disclosure of an incapacitated person's will - Guidance

Guidance: To clarify circumstances where a solicitor can disclose a copy of a client’s will to a property and financial affairs attorney.

The Insurance Act 2015 - Guidance

Guidance: To help you understand changes to the minimum terms and conditions of solicitors’ professional indemnity insurance which came into force in August 2016.

Offering inducements to potential clients or clients - Guidance

Guidance: Understand your professional obligations and the issues you need to consider before offering inducements to existing or prospective clients.

Drafting and preparation of wills - Guidance

Guidance: To highlight areas of concern and the professional obligations of those responsible for the preparation and drafting of wills.

Dealing with claims for mis sold payment protection insurance - Guidance

Guidance: To remind you of your professional duties when accepting and dealing with claims relating to mis-sold payment protection insurance.

Regulated financial services activites

If you are a COLP or a nominated authorised signatory for a firm we regulate, you need to let us know whether or not your firm carries out financial activities for clients as part of your legal work.

Payment Protection Insurance claims - Warning notice

Warning notice: This warning notice sets out our concerns about is those we regulate acting in claims for mis-sold payment protection insurance (PPI).

Risk factors in personal injury claims - Warning notice

Warning notice: This warning notice reminds you of your obligations if you take personal injury referrals from third parties, work closely with them or act on their instructions.

Public trust and confidence - Guidance

Guidance: To explain when you are likely to be found to have breached your obligation under Principle 2 to act in a way that upholds public trust and confidence.

Tax avoidance your duties - Warning notice

Warning notice: This reminds those advising clients about their tax affairs about the importance of understanding their regulatory obligations.

Money laundering and terrorist financing - Warning notice

Warning notice: This Warning Notice reminds you of the warning signs of suspicious transactions.

Driving excess alcohol convictions

This guidance relates to convictions for driving with excess alcohol and may also apply to offences of driving under the influence of drugs.

Acting with integrity - Guidance

Guidance: To help explain Principle 5 and the requirement to act with integrity.

Acting with honesty - Guidance

Decision making: Understand how we approach the requirement to act with honesty found in Principle 4 and the test we apply when deciding if a person has acted dishonestly.

Topic guide: A guide to the application of Principle 1

This guidance sets out examples of circumstances in which consideration should be given to whether Principle 1 is engaged.

Q&As on the ban of personal injury referral fees - Guidance

Guidance: Sets out common Q and As on the ban on referral fees in personal injury actions introduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Glossary terms

solicitor

means a person who has been admitted as a solicitor of the Senior Courts of England and Wales and whose name is on the roll, save that in the SRA Indemnity Insurance Rules and the MTC this includes a person who practises as a solicitor whether or not the person has in force a practising certificate, and also includes practice under home title of a former REL who has become a solicitor

 

authorised person
  1. subject to sub-paragraph below, means a person who is authorised by the SRA or another approved regulator to carry on a legal activity as defined under s12 of the LSA and the term "non-authorised person" shall be construed accordingly; and
  2. in the SRA Financial Services (Scope) Rules, has the meaning given in section 31 of the FSMA
client

means the person for whom you act and, where the context permits, includes prospective and former clients

in the SRA Financial Services (Scope) Rules, in relation to any regulated financial services activities carried on by an authorised body for a trust or the estate of a deceased person (including a controlled trust), means the trustees or personal representatives in their capacity as such and not any person who is a beneficiary under the trust or interested in the estate