Regulation of Solicitors Model Answer

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Created by
Summer Hutchinson

Cards (7)

  • The Law Society is the representative body for solicitors and works at supporting the profile of the profession. As regards the regulatory body, this is the Solicitors Regulatory Authority.
  • If a Solicitor doesn't handle a client's case to the best of their ability, there are a number of ways in which a complaint can be raised: (In-House, Solicitor's Regulation Authority, Legal Ombudsman, Sue for Breach of Contract).
  • Initially complaints against a solicitor will be will be dealt with 'In-House' and first made to the firm. All Law Firms will have a procedure for dealing with complaints about the work done by their Solicitors.
  • If the client feels the complaint has not been satisfactorily dealt with or resolved by the firm, then they can go to the Solicitor's Regulation Authority. The Solicitor's Regulation Authority (SRA) is responsible for complaints against Solicitors over Professional Misconduct who will investigate the complaint and can make a binding decision with remedies such as an apology or a fine.
  • If there is a matter of Serious Misconduct, a Solicitors Disciplinary Tribunal will be conducted. This has the power to fine or reprimand the solicitor but in serious cases suspend or even strike a Solicitor off roll and stop them from practicing Law.
  • If a complainant is unhappy with the decision of the Solicitors Regulatory Authority they can complain to the Legal Ombudsman. The Legal Ombudsman is the regulatory for Legal Services in England and Wales, they can investigate complaints against a solicitor if the decision by the SRA was not satisfactory. The Ombudsman can award compensation or an apology to a complainant
  • Solicitors can also be sued for negligence, including by third parties affected. The case of Hall v Simons (2000) recognises that a Solicitor owes a Duty of Care to a client to represent them to the best of their ability. If a Solicitor fails to do this, they can be sued for breach of contract with a client. A Judge may award Damages or Specific Performance in a case.