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13 Cards in this Set

  • Front
  • Back

If the SRA investigate a non compliance issue with a solicitor, who does the SRA have the power to refer the solicitors case to if they believe it is serious enough to warrant it?



And what can that authority then do?

The Solicitors Disciplinary Tribunal (SDT)



The SDT have the power to suspend or strike off a solicitor.

Since 6 October 2011, there has been an SRA handbook. Before this time there were several SRA rules and provisions.



How does the Handbook differ from the old rules?

Solicitors believed that the rules were to prescriptive and rigid. Thus not allowing them to adapt them sufficiently as individual cases need.



For example, Client care letter needs for an individual may be different to that of a developer.



(Although, some solicitors did believe the old rules brought certainty)

As opposed to having prescriptive rules that detail specific actions a solicitor must take, what does the SRA Handbook now have?

Mandatory Outcomes



So as long as a solicitor can demonstrate that their actions met the mandatory outcomes, then they have complied.



This gives solicitors greater room to tailor their practices to their clients needs

The current SRA Handbook was developed in line with what "regime"?

The " Outcome Focused Regulation Regime" (OFR)

The SRA Handbook:



Explain what the 10 mandatory principles are.

They are 10 mandatory principles that must be met.



The mandatory outcome focused conduct rules and the whole book and regulations are then focused upon achieving theses 10 Principles.

The SRA Handbook:



What are the 10 outcome focused conduct rules? And where would you find them?

You find them in the 2nd section of the book "SRA Code of Conduct 2011"



Each chapter of the SRA Code of Conduct 2011 has its own outcome focused conduct rules, which are mandatory.



It also has Indicative Behaviours which are not mandatory, but are behaviours that the SRA recognise as demonstrating compliance with the outcome focused regulations (ie the 10 Principles in section 1 of the book)

The SRA Handbook:



Explain what the "Account Rules" section covers.

Sets out provisions aimed at protecting client money

The SRA Handbook



Authorisation and Practising Requirements, what does this section set out?

Rules and regs governing:



Solicitors education and training



Requirements for setting up and running a legal practice



Roles of individuals in practices

The SRA Handbook:



What does the Client Protection section set out?

Provisions regarding:



The compensation fund



Professional Indemnity Insurance

The SRA Handbook:



Disciplinary and costs recovery, what does this section set out?

Provisions relating to:



SRAs Disciplinary powers



The cost of the SRAs investigations

The SRA Handbook



Overseas rules, explain this section

Rules governing overseas practitioners

The SRA Handbook



Specialist services, explain this section

Rules covering specific areas like property selling and financial services

The SRA Handbook:



How are


Outcomes



&



Indicative Behaviours



Numbered or referenced in the Handbook?

O(1.4)



IB(1.4)