SRA Code of Conduct for Firms


Introduction

This Code of Conduct describes the standards and business controls that we, the SRA, and the public expect of firms (including sole practices) authorised by us to provide legal services.

These aim to create and maintain the right culture and environment for the delivery of competent and ethical legal services to clients. These apply in the context of your practice: the way you run your business and all your professional activities (subject, if you are a licensed body, to any terms of your licence).

Conduct does not need to take place in a workplace in order to relate to your practice - these requirements capture conduct which touches realistically upon your practice of the profession, in a way that is demonstrably relevant.

Paragraphs 8.1 and 9.1 to 9.2 set out the requirements of managers and compliance officers in those firms, respectively.

A serious failure to meet our standards or a serious breach of our regulatory requirements may lead to our taking regulatory action against the firm itself as an entity, or its managers or compliance officers, who each have responsibilities for ensuring that the standards and requirements are met. We may also take action against employees working within the firm for any breaches for which they are responsible. A failure or breach may be serious either in isolation or because it comprises a persistent or concerning pattern of behaviour.

In addition to the regulatory requirements set by us in our Codes, Principles and our rules and regulations, we directly monitor and enforce the requirements relating to referral fees set out in section 56 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and provisions relating to anti money laundering and counter terrorist financing, as set out in regulations made by the Treasury as in force from time to time.

All of these requirements are underpinned by our Enforcement Strategy, which explains in more detail our views about the issues we consider to be serious, and our approach to taking regulatory action in the public interest.

This introduction does not form part of the SRA Code of Conduct for Firms.

Code of Conduct for Firms

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Supplemental notes

Made by the SRA Board on 30 May 2018.

Last amended 6 April 2023.

Made under section 31 of the Solicitors Act 1974, section 9 of the Administration of Justice Act 1985, section 83 of the Legal Services Act 2007, and section 57(2) and (8) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

You are reading current version in effect from 6 April 2023

Guidance

Guidance

Professional duties during action taken by the Criminal Bar Association - Guidance

Guidance - what the SRA's Standards and Regulations require when acting for clients who may be affected by industrial action taken by the Criminal Bar Association (CBA).

Law firms carrying on insurance distribution activities - Guidance

Guidance: To help you understand key changes introduced by the Insurance Distribution Directive (IDD).

Responsibilities of COLPs and COFAs - Guidance

Guidance: To assist COLPs and COFAs in understanding their duties and responsibilities.

The Money Laundering, Terrorist Financing and Transfer of Funds - Guidance

Guidance: To help all those we regulate understand their obligations under the Money Laundering Regulations.

The Insurance Act 2015 - Guidance

Guidance: To help you understand changes to the minimum terms and conditions of solicitors’ professional indemnity insurance which came into force in August 2016.

Transparency in price and service - Guidance

Guidance: To help you understand your obligations under our Transparency Rules.

Offering inducements to potential clients or clients - Guidance

Guidance: Understand your professional obligations and the issues you need to consider before offering inducements to existing or prospective clients.

Closing down your practice - Guidance

Guidance: To enable those who are closing down their practice to protect the interests of their clients and comply with our Standards and Regulations.

Regulated financial services activites

If you are a COLP or a nominated authorised signatory for a firm we regulate, you need to let us know whether or not your firm carries out financial activities for clients as part of your legal work.

Money laundering - Case studies

Case studies: These case studies illustrate the importance of having a consistent approach to compliance with the money laundering regulations throughout your entire firm.

Money laundering and terrorist financing - Warning notice

Warning notice: This Warning Notice reminds you of the warning signs of suspicious transactions.

How we regulate non-authorised persons

This guidance is to help you understand your obligations and how to comply with them. We may have regard to it when exercising our regulatory functions.

Tax avoidance your duties - Warning notice

Warning notice: This reminds those advising clients about their tax affairs about the importance of understanding their regulatory obligations.

Putting matters right when things go wrong, and own interest conflicts - Guidance

Guidance: To outline certain key considerations for putting matters right when you identify that things have gone wrong through the fault of you or your firm.

Money laundering and terrorist financing suspicious activity reports - Warning notice

Warning notice: This Warning Notice reminds you of some of the key requirements to have in place adequate controls to prevent, detect and report money laundering and to make suspicious activity reports (SARs).

Reporting and notification obligations - Guidance

Guidance: To help you understand your reporting and notification obligations to us.

Referral fees LASPO and SRA Principles - Warning notice

Warning notice: This warning notice reminds you of your obligations if you have referral arrangements for personal injury work.

Bringing criminal proceedings

This guidance is to help you understand how and when we may bring criminal proceedings

How we gather evidence in our regulatory and disciplinary investigations

This guidance is to help you understand how we gather evidence, the investigatory powers we have to gather evidence and how we can use those powers.

On-site investigations (inspections)

This guidance is to help you how we make decisions to conduct an on-site inspection and your obligations in that regard. We may have regard to it when exercising our regulatory functions.

Confidentiality of client information - Guidance

Guidance: To help you understand your obligation to keep clients' information confidential.

Competence standard service

This guidance focuses on our approach to investigating individuals and firms when the level of competence and standard of service falls below what we would expect.

Identifying your client - Guidance

Guidance: To help you understand your obligations in respect of identifying your client.

Q&As on the ban of personal injury referral fees - Guidance

Guidance: Sets out common Q and As on the ban on referral fees in personal injury actions introduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Advising on leasehold provisions including ground rent clauses - Guidance

Guidance: To help you understand what our Standards and Regulations require when acting for clients who are buying leasehold properties and to avoid possible breaches of our requirements.

Workplace environment: risks of failing to protect and support colleagues - Guidance

Guidance: our approach where we consider that individuals and firms have failed to take appropriate steps to look after colleagues' wellbeing.

Workplace environment: risks of failing to protect and support colleagues - Case studies

Case studies: to be read in conjunction with the guidance on workplace environment: risks of failing to protect and support colleagues

Money missing from client account - Warning notice

Warning notice: Relevant to all firms and individuals we regulate but is particularly relevant to you if you are a manager of a firm or a firm's COFA or COLP.