SRA Standards and Regulations

Refusal of an application

If the SRA refuses to make a grant of either the whole or part of the amount applied for, the applicant will be informed in writing of the reasons for the decision. The fact that an application has been rejected does not prevent a further application being submitted provided that material new relevant evidence or information is produced in support of the new application.

Costs

Where an applicant intends to or has already instituted proceedings for recovery of their loss and wishes to apply for a grant in respect of the costs of the proceedings, the SRA will only consider such costs where: they can be shown to be proportionate to the loss and the amount likely to be recovered; or the proceedings were necessary for the making of an application to the Fund. Where a...

Assessment

When considering your character and suitability, the SRA will take into account the overriding need to: protect the public and the public interest; and maintain public trust and confidence in the solicitors' profession and in legal services provided by authorised persons. In doing so, the SRA will take into account the nature of your role, and your individual circumstances, on a case by case...

Criminal conduct

The SRA will consider criminal conduct when assessing your character and suitability, in accordance with Table 1 below, subject to the Rehabilitation of Offenders Act 1974 and the Rehabilitation of Offenders Act 1974 (Exceptions Order) 1975 and bearing in mind the public interest in supporting the rehabilitation of offenders. For the avoidance of doubt, Table 1 is a non-exhaustive list. Table...

Other conduct and behaviour

Table 2 sets out non-exhaustive examples of the types of conduct or behaviour that the SRA will take into account when assessing your character and suitability. Table 2: Other conduct and behaviour Type of behaviour Examples Integrity and independence You have behaved in a way: which is dishonest; which is violent; which is threatening or harassing; where there is evidence of discrimination...

Maintaining trust and acting fairly

You do not unfairly discriminate by allowing your personal views to affect your professional relationships and the way in which you provide your services. You do not abuse your position by taking unfair advantage of clients or others. You perform all undertakings given by you and do so within an agreed timescale or if no timescale has been agreed then within a reasonable amount of time. You...

Cooperation and accountability

You keep up to date with and follow the law and regulation governing the way you work. You cooperate with the SRA, other regulators, ombudsmen and those bodies with a role overseeing and supervising the delivery of, or investigating concerns in relation to, legal services. You respond promptly to the SRA and: provide full and accurate explanations, information and documentation in response to...

Client money and assets

You properly account to clients for any financial benefit you receive as a result of their instructions, except where they have agreed otherwise. You safeguard money and assets entrusted to you by clients and others.

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...

Confidentiality and disclosure

You keep the affairs of current and former clients confidential unless disclosure is required or permitted by law or the client consents. Any individual who is acting for a client on a matter makes the client aware of all information material to the matter of which the individual has knowledge except when: the disclosure of the information is prohibited by legal restrictions imposed in the...