Regulation

Three months after announcing that it was referring Leigh Day to the Solicitors Disciplinary Tribunal, the Solicitors Regulation Authority has still not filed the papers, Legal Futures can reveal. The firm is at the centre of a political controversy over its conduct in the Al-Sweady inquiry.

A solicitor who charged one client 50 times the estimate of £2,000 and another £100,000 in fees on a probate matter on which he could “recall no detail at all”, has been struck off by the Solicitors Disciplinary Tribunal. The SDT said Edgar Thomas had “blatantly abused his position of trust in the most despicable way”.

Public Interest Lawyers confirmed yesterday that the Solicitors Regulation Authority has decided to refer it to the Solicitors Disciplinary Tribunal over the Al-Sweady inquiry. It followed the SRA’s announcement in the morning that it had referred an unnamed firm to the tribunal, having earlier this year named Leigh Day as the first.

The introduction of entity regulation has had the unintended effect of “insourcing” professional obligations to specialist compliance staff, leaving knowledge among City lawyers of the SRA Handbook “very poor”, a leading legal academic has found as part of a major government-funded project.

Commercial pressures on barristers are causing high risk behaviours that are detectable in complaints received by the Bar Standards Board, an assessment of future regulatory dangers has revealed. It also highlighted what it claimed were indications that senior barristers were abusing their position of power over women, pupils, and junior barristers.

A former senior partner who charged clients for work that had not been done has been struck off by the Solicitors Disciplinary Tribunal. The tribunal described the harm caused by David Michael Merrick, who had been a partner at Exeter firm Crosse & Crosse, as being “of the utmost seriousness”.

Barristers have a vital role in helping clients and witnesses understand the legal system but their own “distinct and tribal culture” is a barrier to doing so, a Bar Standards Board report has found. This culture was also seen as a barrier to improving diversity at the Bar.

A solicitor whose lack of supervision contributed to a decision that a trainee’s two years of work did not count towards her qualification has been rebuked and fined £2,000 by the Solicitors Regulation Authority. It is the maximum penalty that the regulator can levy short of a referral to the Solicitors Disciplinary Tribunal.

Greater prescription of how client-care letters are framed could follow a Legal Services Board report yesterday that said “inaccessible language” used by lawyers prevents consumers from accessing legal services. It said other sectors have developed guides, logos and customer information which made buying services less daunting.

Conveyancers may need to be placed under extra duties of care so as to reduce the risk of fraudulent changes being made to the Land Register, the Law Commission has suggested. A major review of the Land Registration Act 2002 also put forward ways the law could encourage the development of electronic conveyancing.