The regulation of solicitors

• Although every solicitor must belong to the Law Society, it is the Solicitors ' Regulation authority who deals with complaints about the professional misconduct of solicitors:

  • it will initially investigate the complaint. if there is evidence of serious professional misconduct, ti can bring the case to the solicitor's disciplinary tribunal
  • if the tribunal upholds the complaint, it can fine, reprimand or suspend the solicitor from the roll so that they cannot practice for a certain time.
  • in very serious cases, the tribunal can strike off a solicitor from the roll so that they are prevented from practicing ever again as a solicitor.
• A solicitor deals directly with a client, a contract is entered into- this means that:

  • if the client doesn't pay, the solicitor can sue for outstanding fees.
  • the client can sue the solicitor for breach of contract if the solicitor fails to do the agreed work
  • the client can also sue the solicitor in negligence if they suffer loss due to poor quality of work.
  • solicitors can also be liable in negligence to persons who are not their clients but are impacted by their negligent work.
• What is the significance of the case of Halls v Simons?

  This case shows that the loss suffered by the client as a result of negligent advocacy can be claimed as damages.
• What is the significance of the case of White v Jones?

  It is shown how solicitors can be liable in negligence to persons who are not their clients, but who are also affected by the solicitor's negligent work.