The following Practice Compliance guidance note provides comprehensive and up to date legal information covering:
This Practice Note covers regulatory requirements that are specific to the legal sector in relation to outsourcing.
For guidance on requirements under data protection legislation, see Practice Notes:
Data protection and outsourcing under the GDPR
For guidance on general risk management best practice, see Practice Notes:
Limitation of liability clauses
Step-in rights and other remedies
Outsourcing and TUPE: law firm outsourcing
Whenever you engage in outsourcing activities, you will have to navigate a complex compliance obstacle course. We have attempted to simplify this in Outsourcing compliance lifecycle diagram.
The SRA does not prescribe in detail:
what outsourcing is
what you can and cannot outsource
how to outsource
what systems and controls you should have in place
However, outsourcing is one of the few areas where the SRA has provided some additional guidance. This guidance does not form part of the SRA Handbook. It is therefore not compulsory, but it should certainly be considered good practice and is reflected in this note.
The Law Society has produced a guidance note on outsourcing, which represents its view of good practice. It is not compulsory, but following the Law Society's guidance may help you to account to the SRA for your actions.
The Lexcel Practice Management Standard imposes certain requirements in relation to outsourcing—see
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