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PRACTICE NOTES
This Practice Note provides guidance on the SRA Codes of Conduct, contained in the SRA Standards and Regulations. The SRA Standards and Regulations include two Codes of Conduct—a Code for Solicitors, RELs, RFLs and RSLs and a Code for Firms. The Standards and Regulations (including the Codes of Conduct) set out the standards and requirements that individual solicitors and firms regulated by the Solicitors Regulation Authority (SRA) are expected to achieve and observe: • for the benefit of clients, and • in the general public interest This Practice Note explains how the SRA Codes of Conduct are structured, who is responsible for compliance with them and the potential consequences of breach. It contains a series of tables setting out and contrasting how the requirements in the Codes apply to individuals and to firms. For further guidance on the SRA regulatory regime, see Practice Notes: • SRA regulatory regime • SRA Standards and Regulations • SRA Accounts Rules—law firms • Breach reporting—law firms SRA Principles The Codes of Conduct should
PRECEDENTS
This Precedent can be used to help solicitors reflect on, and record, their performance against the SRA Statement of Solicitor Competence. It includes the behavioural characteristics that lawyers at all levels are expected to display. This self-assessment can be based on your opinion. Feedback from internal clients and team members can be used to inform your self-assessment where appropriate. For guidance on the SRA’s Continuing Competence Regime, see Practice Notes: The continuing competence regime, How to assess, maintain and monitor competence and Continuing competence—self-reflection and personal development. Section A—Ethics, professionalism and judgement Behaviours Evidence Strengths Areas for improvement A1 Act honestly and with integrity Recognise ethical issues and exercise effective judgment in addressing them Understand and apply the ethical concepts which govern your role and behaviour as a lawyer Identify the relevant SRA principles and rules of professional conduct and follow them Resist pressure to condone, ignore or commit unethical behaviour Respect diversity and act fairly and inclusively A2 Maintain the level of competence and legal knowledge needed to practise effectively Take responsibility for your own personal learning and development Reflect on, and
GLOSSARY
Rules made by the SRA which apply when exempt professional firms carry on exempt regulated activities and authorised professional firms carry on non-mainstream regulated activities.
GLOSSARY
Rules made by the SRA to set out the scope of the exempt regulated activities which may be undertaken by exempt professional firms under the Part XX exemption.
GLOSSARY
Rules which are in the SRA Handbook which prescribe the types of business through which solicitors, Registered European Lawyers, Registered Foreign Lawyers and authorised bodies can practise and the services which they can provide.
GLOSSARY
These Rules are in the SRA Handbook and regulate applications for practising certificates by solicitors and registration by European lawyers and foreign lawyers.
GLOSSARY
These Regulations regulate the practice, including applications to be recognised, of law firms which are recognised bodies.
NEWS
Practice Compliance analysis: The Solicitors Regulation Authority (SRA) published its Risk Outlook for 2021/2022 on 23 November 2021. In this latest Risk Outlook, subtitled ‘What is the new normal? Challenges and opportunities for law firms after the lockdowns’, the SRA has looked at what the new normal means for the shape of the legal market as it emerges from the coronavirus (COVID-19) pandemic.
PRACTICE NOTES
The SRA Standards and Regulations set out the standards and requirements that individual lawyers and firms regulated by the Solicitors Regulation Authority (SRA) are expected to achieve and observe: • for the benefit of clients, and • in the general public interest This Practice Note explains how the SRA Standards and Regulations are structured, who is responsible for compliance with them and the potential consequences of breach of the SRA’s requirements. Accessing the SRA Standards and Regulations The Standards and Regulations are available from the SRA website. Who the Standards and Regulations apply to The Standards and Regulations apply to solicitors, registered European lawyers (RELs), registered foreign lawyers (RFLs), registered Swiss lawyers (RSLs), authorised firms and firms’ managers and employees depending on the context of a given provision. The preamble to the Code of Conduct for Firms specifically cautions that the SRA may take action against employees of a firm for any breaches for which they are responsible. In an alternative business structure (ABS) a given section would apply to those individuals and
NEWS
Property analysis: The Solicitors Regulation Authority (SRA) Standards and Regulations (Standards and Regulations) came into force on 25 November 2019, replacing the 2011 SRA Handbook. James Swede, managing partner and head of the property team at Darlingtons Solicitors discusses the impact the new Standards and Regulations will have on the property sector, in particular with regards to contract races and certificates of title for residential mortgage lending.
PRACTICE NOTES
The SRA Standards and Regulations (also known as the StaRs) set out the standards and requirements that individual solicitors, registered European lawyers (RELs), registered foreign lawyers (RFLs), registered Swiss lawyers (RSLs) and firms regulated by the Solicitors Regulation Authority (SRA) are expected to achieve and observe. This Practice Note explains, from an in-house perspective: • how the SRA Standards and Regulations are structured • who is responsible for compliance with them, and • the potential consequences of breach Accessing the SRA Standards and Regulations The SRA Standards and Regulations are available from the SRA website. Who the Standards and Regulations apply to Depending on the context of a given provision, the SRA Standards and Regulations apply to: • solicitors, RELs, RFLs and RSLs • authorised law firms, and • law firms’ managers and employees References in this Practice Note to ‘in-house solicitors’ include RELs, RFLs and RSLs. Not every section of the SRA Standards and Regulations applies to in-house solicitors working in a business that is not regulated by the SRA (or another
PRECEDENTS
Question Answer 1. Under the SRA Standards and Regulations, how many Codes of Conduct are there? (b) Two 2. How many SRA Principles are there? (b) 7 3. Who has a duty to report compliance breaches? (a) All members of staff 4. Organisations