News
Latest on risk management, professional indemnity and compliance issues.
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February 26, 2024
Implementing whistleblowing arrangements – updated Law Society Practice Note (password required)
See here.
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February 05, 2024
SRA Discussion paper – Protecting the public: our consumer protection review
See here.
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November 21, 2023
SRA – Risk Outlook report: The use of artificial intelligence in the legal market
See here.
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September 29, 2023
Law Society Practice note – Social media
See here.
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August 14, 2023
SRA Thematic Review: The use of Non Disclosure Agreements in workplace complaints
See here.
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July 05, 2023
Law Society Practice Note: SRA powers of investigation
See here.
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June 23, 2023
Mata v Avianca, Inc. – lawyers fined for citing ChatGPT’s fake cases
See here.
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June 12, 2023
Law Society- updated blockchain guidance
See here.
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June 01, 2023
Law Society Practice Note (Updated) – File closure management (password required)
See here.
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May 31, 2023
SRA Guidance: The SRA’s approach to financial penalties
See here.
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May 10, 2023
Law Society Practice Note: Alternative business structures
See here. (Password required)
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May 02, 2023
SRA Guidance ‘Workplace environment: risks of failing to protect and support colleagues’
See here.
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March 27, 2023
SRA Guidance – Publishing complaints procedure (Updated 23 March 2023)
See here.
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March 15, 2023
Legal Ombudsman Guidance Revision to Scheme Rules April 2023 outlining the key changes to the rules with suggested wording for use in client care letters – both before and after the changes have gone live
See here.
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March 15, 2023
SRA In-house solicitors thematic review
See here.
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March 15, 2023
CCBE (Council of Bars and Law Societies of Europe) Guide on the use of Artificial Intelligence-based tools by lawyers and law firms in the EU
See here.
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March 15, 2023
CCBE (Council of Bars and Law Societies of Europe) guidance: Corporate Social Responsibility and the Legal Profession: Key Considerations for Bars and Lawyers
See here.
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March 09, 2023
Baxter v Doble & Anor [2023] EWHC 486 (KB)
Important decision on the ambit of conduct of litigation for the purposes of applying the restrictions on reserved legal activity in the Legal Services Act 2007.
See here.
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February 17, 2023
SRA – Do I need to operate a client account?
See here.
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February 14, 2023
SRA – Conduct in disputes Thematic review
See here.
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February 08, 2023
The Legal Ombudsman Guidance: Scheme Rules changes April 2023
The Legal Ombudsman has published a guide setting out the upcoming changes to their Scheme Rules, how they apply and what service providers need to do to prepare for the changes going live in April. See here.
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February 02, 2023
SRA Risk Outlook report: cryptocurrencies and other distributed ledger technologies
See here.
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January 31, 2023
Joint statement from the SRA and SDT on referrals to the Solicitors Disciplinary Tribunal
See here.
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December 14, 2022
SRA Guidance: Solicitors undertaking regulated claims management and immigration activities (Updated 14 December 2022)
See here.
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December 14, 2022
SRA Consultation on minor amendments to the SRA Standards and Regulations
See here.
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November 25, 2022
SRA Guidance – Effective supervision
See here.
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September 01, 2022
SRA Guidance: Acting with integrity (updated)
See here.
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August 04, 2022
Outsourcing – Law Society – Practice Note
See here. (subscription required)
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July 28, 2022
Law Society Practice Note – Who owns the file?
Updated. See here.
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July 22, 2022
Law Society Practice Note on Undertakings
This takes account of the decision in Harcus Sinclair LLP & Anor v Your Lawyers Ltd [2021] UKSC 32. See here.
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July 01, 2022
SRA updated guidance on Confidentiality of client information, containing additional guidance on child abuse reporting and vulnerable clients consenting to disclosure
See here.
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June 30, 2022
SRA guidance: Accepting instructions from vulnerable clients or third parties acting on their behalf
See here.
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May 18, 2022
SRA Guidance: Solicitors undertaking regulated claims management and immigration activities
See here.
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April 06, 2022
SRA guidance on confidentiality of client information
This has been revised and includes guidance on submissions to legal directories, information barriers, due diligence on law firm mergers and acquisitions, and responding to third party complaints to the Legal Ombudsman.
See here.
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March 18, 2022
SRA Updated guidance on Russian sanctions
See here.
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March 18, 2022
SRA Separate Business Guidance, addressing issues of informed consent and conflicts and confidentiality
See here.
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March 10, 2022
Office of Financial Sanctions Implementation (OFSI) blog – Russia: What has changed and what do I need to do?
See here.
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March 07, 2022
SRA guidance Financial sanction and Russia – update (7 March 2022)
See here.
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March 07, 2022
SRA guidance: Conduct in disputes
See here.
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March 01, 2022
What you need to know about new sanctions on Russia | The Law Society
See here.
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February 25, 2022
SRA News release: Law firms reminded of importance of sanctions compliance
See here.
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January 13, 2022
SRA Guidance – Advising on leasehold provisions including ground rent clauses
See here.
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November 30, 2021
HMRC Mandatory Disclosure Rule consultation and draft Statutory Instrument
See here.
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November 26, 2021
SRA – Risk Outlook 2021/2022
See here.
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November 19, 2021
Using Social Media Professionally and Safely
Guidance published by the Chartered Insurance Institute to its members but which may be of general assistance to other professions. See here.
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October 18, 2021
Law Society Updated Practice Note on file closure
See here.
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October 15, 2021
AIRMIC introductory guide to Risk Appetite
See here.
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October 13, 2021
RICS Rules of Conduct 2021 (in effect from 2 February 2022)
See here.
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August 16, 2021
SRA Upholding Professional Standards 2019/20 report
See here.
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June 07, 2021
Legal Ombudsman: updated complaints handling guide
See here.
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March 26, 2021
SRA Guidance: European Lawyers practising in the UK
See here.
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March 25, 2021
SRA Guidance on Registered Foreign Lawyers
See here.
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March 15, 2021
SRA guidance note: Approval of role holders
See here.
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March 09, 2021
SRA Guidance: Does your interest in a licensed body require approval?
See here.
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March 08, 2021
SRA Guidance (updated): Multi-disciplinary practices: Regulation of non-reserved legal activity
See here.
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February 24, 2021
Law Society Practice Note – Handling complaints (registration required)
See here.
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February 16, 2021
Council for Licensed Conveyancers: Risk Agenda
See here.
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January 27, 2021
Law Society Practice Note: Information on letterheads, emails and websites
See here.
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December 22, 2020
SRA Guidance: UK’s Exit from EU – the end of the implementation period and beyond
See here.
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December 16, 2020
Buttercup Buildings Ltd v Avon Estates (London) Ltd & Others [2020] UKUT 347 (LC)
Reserved legal activities – right of lay representative as an exempt person to conduct litigation in the First Tier Tribunal
See here.
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December 10, 2020
Outside Counsel Guidelines – Washington DC
The District of Columbia Bar’s Rules of Professional Conduct Review Committee is consulting on proposed amendments to the D.C. Rules of Professional Conduct that would address issues arising from client-generated engagement letters and outside counsel guidelines. These would limit certain practices that: (1) restrict the ability of prospective clients to engage counsel of their choice; (2) impose restrictions on lawyers’ independence and right to practice; (3) can render outside counsel liable for damages sustained by clients or others through no fault of such counsel; (4) restrict a lawyer’s right to retain a copy of a client’s file, including the lawyer’s work product; (5) restrict a lawyer’s right to make use of general, non-confidential information acquired in the course of a representation; and (6) can compel outside counsel to accept clients’ unilateral changes in the terms of a representation.
See here.
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November 27, 2020
Beckwith v Solicitors Regulation Authority [2020] EWHC 3231 (Admin)
Successful appeal against a decision of the Solicitors Disciplinary Tribunal, which helps delineate the boundaries of the SRA Principles relating to integrity and public trust.
See here.
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November 12, 2020
SRA updates Guidance on consumer credit
See here.
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November 12, 2020
SRA updates Warning Notice on use of NDAs
See here.
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October 16, 2020
Solicitors on demand: legal secondments – Law Society Guide (login required)
See here.
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October 09, 2020
SRA | Granting authority to withdraw residual client balances
See here.
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October 02, 2020
Closing down your practice: regulatory requirements
Law Society Practice Note (log in required)
See here.
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September 15, 2020
SRA | Taking money for your firm’s costs | Solicitors Regulation Authority
See here.
For guidance on planning for and completing an accountant’s report, see here.
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August 26, 2020
SRA case studies on firm closure due to financial difficulties
See here.
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August 18, 2020
SRA | Investment schemes that are potentially dubious
SRA thematic review into investment schemes: summary and link to 43 page report
See here.
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April 22, 2020
Law Society guidance on client funds
See here.
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April 02, 2020
SRA updated Q&A – coronavirus compliance issues
See here.
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February 19, 2020
Sports Direct International Plc v The Financial Reporting Council [2020] EWCA Civ 177
Appeal allowed in apart, upholding claim by Sports Direct to legal professional privilege in response to Financial Reporting Council’s request for production of documents for the purposes of an investigation into the company’s auditors: the judge had erred in ordering disclosure of the privileged documents on the grounds that such disclosure would not infringe Sports Direct’s privilege in those documents.
See here.
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February 03, 2020
UK Government guidance outlines actions that UK lawyers practising in EU and EEA-EFTA countries need to take to prepare for the end of the transition period, after 1 January 2021
See here.
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August 09, 2019
SRA | Ethics guidance: Acting with integrity | Solicitors Regulation Authority
See here.
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December 19, 2019
SRA Guidance on Unsolicited approaches (advertising) to members of the public
See here.
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December 18, 2019
SRA Q&A on the ban of personal injury referral fees
See here.
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December 03, 2019
Law Society Practice Note – Conflicts of Interest
Updated, see here: https://www.lawsociety.org.uk/support-services/advice/practice-notes/conflict-of-interests/ (subscriber access).
This repeats the guidance on information barriers originally contained in guidance note 44 to the Solicitors’ Code of Conduct 2007.
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July 25, 2019
SRA’s first ‘Upholding Professional Standards’ report
This sets out the SRA’s investigation, supervision and legal enforcement work for the year to 31 October 2018. The report contains statistics on harassment (#metoo) claims, money laundering reports and cases in the Solicitors Disciplinary Tribunal and appeals.
See here.
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November 28, 2019
Responsibilities of COLPs and COFAs – New SRA guidance (25 November 2019)
See here.
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November 28, 2019
Public trust and confidence – New SRA guidance (25 November 2019)
See here.
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July 24, 2019
Further Guidance on the SRA Standards and Regulations
The SRA has published further guidance on the new SRA Standards and Regulations, effective from 25 November 2019, covering client care letters, integrity, registered foreign lawyers (RFLs), not for profit sector, unregulated organisations – conflicts and confidentiality, information for clients, unregulated employers of SRA-regulated lawyers, and equality and diversity.
See here.
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November 28, 2019
Reporting duties under the SRA Overseas Rules – New SRA guidance (25 November 2019)
See here.
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November 28, 2019
Reporting and notification obligations – New SRA guidance (25 November 2019)
See here.
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November 28, 2019
Confidentiality of client information – New SRA guidance (25 November 2019)
See here.
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November 25, 2019
Legal professional privilege – The Law Society
The Law Society has updated its Practice Note on legal professional privilege to include reference to Addlesee & others v Dentons Europe LLP [2019] EWCA Civ 1600 (survival of privilege after a company is dissolved); Financial Reporting Council v Sports Direct International PLC [2018] EWHC 2284 (Ch) (concerning regulators’ access to privileged material – subject to an appeal in January 2020); WH Holdings Ltd v E20 Stadium LPP [2018] EWCA Civ 2652 (on the scope of litigation privilege); and Serious Fraud Office v Eurasian Natural Resources Corporation Ltd [2018] EWCA Civ 2006 (on the application of privilege against a background of potential criminal litigation, and communications with employees of a company following Three Rivers). (Subscriber access only.)
See here.
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November 15, 2019
Legal professional privilege – Updated Law Society Practice Note (registration required)
See here.
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July 05, 2019
SRA Ethics guidance on the SRA Standards and Regulations
For reference only until the 25 November 2019, when the new SRA Standard and Regulations come into effect.
See here.
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June 19, 2019
SRA Standards and Regulations
Beta version available (requires registration), see here.
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October 30, 2019
SRA Guidance on Investment Schemes
See here.
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October 18, 2019
Withdrawing client money from client account to pay to a charity
SRA release a statement on the prescribed circumstances in which you can withdraw client money from client account to pay to a charity of your choice. See here.
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May 22, 2019
Legal Services Board Decision notice on SRA Regulatory Arrangements (Reporting Concerns) (Amendment) Rules
These will take effect when the new SRA Standards and Regulations come into force in November 2019, increasing the reporting obligations of firms and individuals in relation to possible compliance breaches.
See here.
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May 16, 2019
Legal Ombudsman’s guidance on costs information
See here.
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October 04, 2019
SRA release statement of their position regarding firms operating a client’s own account
See here.
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September 13, 2019
Law Society Practice Note – Freelance solicitors
This applies to new forms of practice permitted from 25 November 2019. See here. (Law Society members only.)
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April 17, 2019
Brexit: updated SRA Guidance
See here.
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September 13, 2019
The SRA has launched a new webpage with support materials for the new Standards and Regulations in force from 25 November 2019
See here.
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September 12, 2019
Law Society Practice Note: Solicitors offering legal services to the public from unregulated entities
This applies to new forms of practice permitted from 25 November 2019. See here. (Law Society members only.)
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April 05, 2019
SRA Residential conveyancing thematic review
See here.
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March 20, 2019
SRA confirms November launch for new regulatory model
The new regulations will come into effect on 25 November 2019. See here.
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August 09, 2019
SRA | Ethics guidance: Acting with integrity | Solicitors Regulation Authority
See here.
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February 20, 2019
SRA | SRA publishes new Enforcement Strategy | Solicitors Regulation Authority
See here.
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February 08, 2019
SRA publishes new Enforcement Strategy
See here.
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January 18, 2019
No-deal Brexit guidance: Providing legal services in the EU – The Law Society
See here.
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January 17, 2019
Who owns the file? – Law Society Practice Note
See here.
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January 11, 2019
Non-disclosure agreements and confidentiality clauses in an employment law context – Practice Note issued by The Law Society
See here.
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January 08, 2019
Non-disclosure agreements and confidentiality clauses in an employment law context – The Law Society
Non-disclosure agreements (NDAs) – Law Society Practice Note (members only)
See here.
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January 02, 2019
Brexit: Updated SRA guidance, particularly for Registered European Lawyers and their firms
See here.
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December 11, 2018
SRA | Guidance note on the impact on exempt European lawyers of the Government’s Statutory Instrument on the basis of a ‘no deal’ EU exit scenario | Solicitors Regulation Authority
See here.
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December 10, 2018
Brexit: updated SRA guidance
See here.
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November 28, 2018
SRA | Risk resources | Solicitors Regulation Authority
SRA paper on balancing duties in litigation.
See here.
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November 05, 2018
SRA – Transparency Guidance – Publishing complaints procedure
See here.
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November 05, 2018
SRA – Updated Transparency Guidance
See here.
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November 01, 2018
Price and service transparency – The Law Society
Law Society Practice Note on Price and service transparency.
See here.
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October 01, 2018
SRA | Ethics guidance: Law firms carrying on insurance distribution activities | Solicitors Regulation Authority
See here.
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August 06, 2018
SRA | Warning notice: Improper use of a client account as a banking facility | Solicitors Regulation Authority
The SRA has updated its warning notice on improper use of a client account as a banking facility, see here.
The SRA have also published 11 case studies, see here.
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August 02, 2018
SRA Consultation on Reporting concerns
See here.
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April 25, 2018
Outcomes-focused regulation: overview – The Law Society
The Law Society has updated its Practice Note on Outcomes Focused Regulation (OFR) with more detail on section 6, SRA Focus. (Law Society members only)
See here.
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March 12, 2018
SRA | Use of non-disclosure agreements (NDAs) | Solicitors Regulation Authority
See here.
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December 06, 2017
SRA publishes guidance on third party managed accounts
See here.
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October 24, 2017
SRA consultation on Implementing the Insurance Distribution Directive
See here.
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September 22, 2017
Solicitor tax work facing greater scrutiny
The SRA have published a warning notice that solicitors providing tax planning services could face greater scrutiny from both the SRA and HMRC as the Government looks to clamp down on “aggressive” tax avoidance schemes.
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September 11, 2017
Joint advice note on property and title fraud published by HM Land Registry and the Law Society
See here.
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September 04, 2017
Annual frozen asset review and reporting form
See HM Treasury and Office of Financial Sanctions Implementation Guidance notice for the annual Frozen Asset Reporting exercise 2017 and associated reporting form here.
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September 04, 2017
The UN Guiding Principles and the legal profession: quo vadis?
Article by Dr Stefanie Lemke on the impact of human rights on the practice of law, and the differing approaches of legal representative bodies on whether the application of the UN Guiding Principles may conflict with lawyers’ professional codes of conduct and ethics.
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August 24, 2017
SRA publish warning notice re. offensive communications
Following a significant increase in the number of complaints received concerning inappropriate communications, the SRA have published a warning notice.
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August 18, 2017
U.S. border searches of electronic devices
An ethics opinion from the NY City Bar contains some useful practical tips on an attorney’s ethical duties regarding U.S. border searches of electronic devices containing clients’ confidential information. See here.
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July 26, 2017
SRA publishes their Risk Outlook 2017/2018
The SRA Risk Outlook 2017/18 addresses concerns about increased cyber-attacks on law firms including email modification, dubious investment schemes – a new priority risk this year, banking facilities contrary to rule 14.5 of the SRA Accounts Rules 2017. The number of anti money laundering-related matters reported to the SRA remained static at around 175, with one third relating to conveyancing; the level of Suspicious Activity Reports from the legal sector has increased for the first time in seven years.
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July 21, 2017
Solicitors Regulation Authority repeats ‘too good to be true’ investments warning with £50m of recent public losses
See here.
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June 14, 2017
SRA publishes Board decisions on Looking to the Future Phase 1 and Accounts Rules
Following the consultations last year, the SRA have publised their decisions and consultation response documents. See here.
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February 21, 2017
Claims Management Regulator Report covering CMR and SRA investigations in holiday sickness claims.
See here.
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December 15, 2016
Competition and Markets Authority release their final report on the Legal services market
The report contains numerous recommendations, including (at paragraph 51) a review of the independence of regulators, reduction in professional indemnity insurance costs, and permitting solicitors to practise in unauthorised firms.
See here.
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October 19, 2016
Provision of Services Regulations 2009 update 19 October 2016
The Law Society has updated the Provision of Services Regulations 2009 practice note. See here.
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August 16, 2016
SRA consultation: Looking to the Future – Accounts Rules review
The Solicitors Regulation Authority are in the third and final phase of their review of the SRA Accounts Rules 2011. Their objective is to rationalise and simplify the rules. The deadline for submissions to the consultation is 21 September 2016.
For more information, see here.
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August 16, 2016
SRA consultation: Looking to the Future – flexibility and public protection
The Solicitors Regulation Authority are currently reviewing the SRA Handbook and their regulatory approach, looking at the Principles, Code of Conduct and Practice Framework Rules. The deadline for submission of responses is 21 September 2016.
For more information, see here.
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May 21, 2015
The European Parliament approves the Fourth Money Laundering Directive
On 20th May, the European Parliament gave a press release to say they back the Fourth Money Laundering Directive bringing stronger rules to combat money laundering and terrorism financing. See here: http://europa.eu/rapid/press-release_IP-15-5001_en.htm
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January 21, 2015
Risk and Compliance for Law Firms in a Changed World
Risk & Compliance for Law Firms in a Changed World by Legal Risk partner Frank Maher provides a guide to the regulatory regime. It highlights key areas for attention with practical illustrations and discussion of the issues you need to address – the must have guide for all who deal with risk and compliance within law firms including the roles of COLPs and COFAs. The book also identifies the policies, procedures and systems you must have, with sections on ABSs, international firms and outsourcing.
Published by Managing Partner. RRP £295. Buy online.
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November 18, 2014
Risk Management in Law Firms: Strategies for Safeguarding the Future
Frank Maher and Sue Mawdsley have contributed to the International Bar Association book on Risk Management in Law Firms. This book aims to help law firm leaders and managers to understand the scope and utility of risk management generally, and to guide them in implementing and maintaining adequate risk management policies, procedures and systems. The book also gives in-house counsel and risk officers a better understanding of the needs of their outside attorneys, thereby improving the partnering between lawyers and their clients.
RRP £115. Buy online at www.globelawandbusiness.com/RML/
You can view a sample of the Conflicts chapter here: http://www.globelawandbusiness.com/RML/sample.pdf. Frank was the lead author on this chapter, along with Confidentiality and Managing the Client Engagement, and also contributed to Client Risk, Financial and Risk Management and on Non-lawyer ownership.
Sue Mawdsley was the co-author of the Money Laundering Chapter. Table of contents: http://www.globelawandbusiness.com/RML/contents.pdf