SRA Standards and Regulations

Assessing reports

The SRA shall assess any allegation which comes to, or is brought to, its attention in respect of a relevant person to decide if it should be considered under rule 3. A matter is an allegation in respect of a person for the purpose of these rules if it raises a question that the person: is a solicitor, an REL or RFL and has committed professional misconduct; has committed or is responsible for...

Application

These rules apply where the SRA is making a decision as to whether it is satisfied regarding your character and suitability: on early assessment under regulation 5.2 of the SRA Authorisation of Individuals Regulations; at admission or restoration to the roll under regulations 1.1, 3.1, 3A.1, 3F.1, 4.1 and 5.9 of the SRA Authorisation of Individuals Regulations; on approval as an authorised...

Aggravating and mitigating factors

Table 3 sets out a non-exhaustive list of the types of aggravating and mitigating factors the SRA will take into account where you have disclosed, or it has received, information which raises a question as to your character and suitability. Table 3: Aggravating and mitigating factors Aggravating Factors Mitigating Factors No evidence of successful rehabilitation. No evidence of steps taken to...

Client information and publicity

You give clients information in a way they can understand. You ensure they are in a position to make informed decisions about the services they need, how their matter will be handled and the options available to them. You ensure that clients receive the best possible information about how their matter will be priced and, both at the time of engagement and when appropriate as their matter...

Compliance and business systems

You have effective governance structures, arrangements, systems and controls in place that ensure: you comply with all the SRA's regulatory arrangements, as well as with other regulatory and legislative requirements, which apply to you; your managers and employees comply with the SRA's regulatory arrangements which apply to them; your managers and interest holders and those you employ or...

Service and competence

You only act for clients on instructions from the client, or from someone properly authorised to provide instructions on their behalf. If you have reason to suspect that the instructions do not represent your client's wishes, you do not act unless you have satisfied yourself that they do. However, in circumstances where you have legal authority to act notwithstanding that it is not possible to...

Conflict of interests

You do not act if there is an own interest conflict or a significant risk of such a conflict. You do not act in relation to a matter or a particular aspect of it if you have a conflict of interest or a significant risk of such a conflict in relation to that matter or aspect of it, unless: the clients have a substantially common interest in relation to the matter or the aspect of it, as...

Applicable standards in the SRA Code of Conduct for Solicitors, RELs and RFLs

The following paragraphs in the SRA Code of Conduct for Solicitors, RELs and RFLs apply to you in their entirety as though references to "you" were references to you as a firm: dispute resolution and proceedings before courts, tribunals and inquiries (2.1 to 2.7); referrals, introductions and separate businesses (5.1 to 5.3); and standards which apply when providing services to the public or a...

Storage and retention of accounting records

You must store all accounting records securely and retain these for at least six years.

Conditions

The SRA may at any time, whether on grant of an application for authorisation or otherwise, impose such conditions on a body's authorisation (whether indefinite or for a specified period), where it considers it appropriate in the public interest to do so and in accordance with rules 3.2 and 3.3. The SRA may impose conditions under rule 3.1 if it is satisfied that the authorised body, or a...