SRA Update

Issue 106 - August 2022

General updates
Compliance updates

Welcome to the August issue of SRA Update. It’s still a busy time in the legal sector and we would like to have your views on our discussion paper on the future of long-term cover for negligence claims. We are also running a number of research projects to look at professional indemnity insurance, the unregulated legal services market and advocacy in magistrates and higher courts. In addition, there are the latest developments in our work around keeping of the roll and innovation. And finally, best wishes to everyone for an enjoyable summer break.

SIF and consumer protection for negligence claims brought six years after closure

As part of our ongoing work to consider next steps on the Solicitors Indemnity Fund (SIF) and consumer protection for negligence claims brought six years after a firm has closed, we have published a discussion paper on the options. We urge all those with an interest to respond to the paper and let us know what you think by 31 August.

New fining powers

The Ministry of Justice has changed the maximum fine we can issue to “traditional” firms and those working within them. Legislation came into effect last month that now means that we can directly issue fines of up to £25,000, up from the previous limit of £2,000.

Your obligations during Criminal Bar Association action

The Criminal Bar Association is continuing with its action in protest at Legal Aid levels. You and your clients might be affected by this action. We have guidance reminding you of your obligations should you find this happens to you.

Keeping of the Roll returns next year

Following changes in laws regarding how personal data is handled, we are reintroducing a requirement for those of you without practising certificates to complete an annual application to remain on the Roll of Solicitors. Ahead of this it is important that all currently non-practising solicitors check that their contact details within mySRA are up to date.

CILEX statement

We have been approached by CILEX with an invitation to enter into formal discussions on a proposal to transfer the regulation of their members to us while retaining their distinct identity as CILEX practitioners and their route to qualification. We have agreed to those discussions.

Magistrates court training records

As part of our ongoing work to assure criminal and advocacy standards, we will be contacting a number of firms later this month to request training records of solicitors working in the magistrates and higher courts. This is similar to our youth court advocacy review. If we are in touch, we appreciate your help.

Join our QWE LinkedIn group

We've launched a 'Making QWE happen' LinkedIn discussion group to allow a wide variety of training providers to share their views and learnings. Members can discuss all things relating to qualifying work experience, such as their approach, processes, and how to address challenges.

Catch up with innovation

Our two SRA Innovate events in Brighton and Swansea last month went well, with some of those at the forefront of new thinking in legal services sharing their views. You can catch up on those sessions through our ‘watch again’ facility on our YouTube channel.

Research into unregulated legal market

We have commissioned new research to look at the market for unreserved legal services, both in terms of regulated and unregulated providers. This will examine what risks and opportunities may exist for consumers, as well as looking to define the size and scope of the market. As part of this you might be contacted for your views.

Survey on your PII premiums

We are conducting a short survey on professional indemnity insurance (PII) premiums, which we would like your firm to respond to. Your answers will help inform work we are doing in collaboration with the Legal Services Board exploring issues in the PII market.

Practising certificate renewals 2022/23

Practising certificates/registrations renewals will take place from 1 to 31 October 2022. This year there are no new questions on any of the renewal application forms. We have made minimal changes and focused on improving mySRA to make sure renewing is straightforward and efficient.

Ombudsman courses in September

The Legal Ombudsman is running courses in September to help you deal even more effectively with client complaints. The online sessions – on myth-busting and the language of complaints – take place on September 14 and 21 respectively.

Webinar – unbundling services

More and more firms are starting to explore the potential for offering unbundled services. Our free webinar on 13 September allows you to hear direct from the firms who took part in our pilot into this area. Hear about the day-to-day benefits, opportunities and challenges they have experienced from offering services in this way.

Your health, your career

Are you worried about your health affecting your work? Life as a solicitor can be challenging and the demands and pressures can easily build up. We can signpost you to sources of help and make adjustments for you if you are in difficulty.

Welcome to the Compliance News section of the August issue of SRA Update. A key part of our role is to watch for changes in government policy or court rulings that have a bearing on your work and let you know how they might affect you. This month’s issue includes information on a Supreme Court ruling on undertakings and the introduction of the overseas register to help combat money laundering.

We also have guidance for those involved in pre-paid funeral plans, which are now regulated by the Financial Conduct Authority. And don’t forget to save the date for this year’s Compliance Officer Conference, taking place in Birmingham on Tuesday 8 November.

Pre-paid funeral plans, guidance

Do you provide legal services connected to pre-paid funeral plans? If so, read our new guidance on rules introduced by the Financial Conduct Authority on 29 July which impact how you work in this area.

Firm undertakings – legal and regulatory obligations

A new Supreme Court ruling has implications for those firms that have given undertakings. Our guidance makes it clear that while you might not have an obligation to the court under following this ruling, there are still professional obligations to take care of.

Overseas register

The Register of Overseas Entities (ROE) was launched on 1 August as part of the Economic Crime (Transparency and Enforcement) Act 2022. It brings obligations around the verification of overseas entities.

Compliance Officer Conference – save the date!

This year’s Compliance Officers Conference will take place on Tuesday 8 November at the International Convention Centre (ICC) in Birmingham. There will then be a week of online events from 14 November, as we did last year. Booking details will follow in the autumn.

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