Your client and the court—regulatory requirements

The following Practice Compliance practice note provides comprehensive and up to date legal information covering:

  • Your client and the court—regulatory requirements
  • What types of litigation are covered?
  • SRA Standards and Regulations 2019
  • SRA Handbook 2011
  • Other guidance
  • Litigants in person
  • Law Society
  • Litigation, advocacy and ADR policy
  • Is a policy necessary?
  • Defining contempt of court
  • More...

Your client and the court—regulatory requirements

This Practice Note explains the regulatory requirements imposed by the SRA in relation to litigation and advocacy, and provides guidance on the need for a litigation policy. It reflects the SRA Standards and Regulations 2019, but also sets out the previous requirements under the 2011 SRA regulatory regime.

What types of litigation are covered?

A 'court' is any court, tribunal or inquiry of England and Wales, a British court martial or any court of another jurisdiction. Technically, alternative methods of resolving disputes (ADR) such as mediation or arbitration are not conducted before a court. Despite this, it would be wise to adopt the same standards of behaviour for all methods of ADR; remember that the SRA Principles are all pervading and apply to ADR.

SRA Standards and Regulations 2019

The table below sets out compulsory requirements in the SRA Standards and Regulations, which apply equally to firms and individuals regulated by the SRA (solicitors, Registered European Lawyers and Registered Foreign Lawyers):

​​You must​​You must not
Only make assertions or put forward statements, representations or submissions to the court or others which are properly arguable
Comply with court orders which place obligations on you
Draw the court’s attention to relevant cases and statutory provisions, or procedural irregularities of which you are aware, and which are likely to have a material effect

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