By Lucy Caulkett-
The Solicitors Regulation Authority has today announced new regulations permitting solicitors greater flexibility in their operations, making it easier for people to get help
The new rules which come into effect from November this year, allows solicitors more flexibility on the services they provide. The regulatory body has endeavoured to make them shorter and more targeted than the existing rules, making them more responsive to the protection of the public and their money.
It follows many instances of fraud and professional misconduct among solicitors in the past few years that have shamed the legal profession. The legal profession is one of the most intelligent and respectable professions, most legal practitioners are men and women of dignity. Like all professions, the bad apples in their midst have been a source of caution and concern, calling for frequent review of policies and procedures.
The SRA is removing many prescriptive rules to reduce the burden on solicitors and law firms. The fresh adjustments will also allow solicitors greater freedom to use their professional judgement in considering how they meet the standards. The regulator has decided to create separate codes of conduct for firms and solicitors. They are also creating Simpler Account Rules that focus on the principles of keeping client money safe, rather than lots of specific technical rules.
FLEXIBILITY
The new rules will free up more time for solicitors to carry out ‘non-reserved’ legal work from within a business not regulated by a legal services regulator. They will also allow solicitors to provide reserved legal services on a freelance basis.
The legal regulator said its new regulations will be supported by their revised enforcement strategy, introduced in February 2019, providing greater clarity on their approach in cases of potential misconduct. In November, the SRA Digital Badge will become a mandatory requirement for all regulated firms who run a website.
The badge uses smart technology to confirm to website visitors that a specific firm is regulated. It also provides a firm-specific link to information on the protections that this status provides to potential customers. Anna Bradley, Chair of the SRA Board, said: “Our new regulations place a sharp focus on the high professional standards that we and the public expect, while allowing solicitors greater freedom in how they deliver their services.
“By stripping away outdated and unnecessary rules and giving solicitors more flexibility to design and deliver their services around their clients, our new regulations are designed to help people access a wide range of high quality services with the confidence that proper protections are in place. That can only be good for both the public and the profession.”
The reforms were approved by the Legal Services Board (LSB) last year. They were developed over a four-year period, and informed by four major public consultations, with more than 35,000 members of the public, the profession and wider stakeholders getting involved.
To help solicitors and law firms prepare for the introduction of the Standards and Regulations, we will publish a range of guidance over the coming months. Initial documents will cover areas such as the Accounts Rules, practical application of the SRA Principles and which type of firms and individuals need authorising.