FOI request suggests few criminal law ‘touting’ reports


Passmore: regulatory action could follow evidence of touting

Eyebrows were raised yesterday after a freedom of information request on ‘touting’ by criminal defence law firms – in which agents for rival solicitors poach potential clients even if they have representation – suggested few complaints have been made to the regulator.

In October, the Solicitors Regulation Authority (SRA) called for evidence of touting. Responding to concerns raised by the Law Society, SRA executive director for policy and education, Crispin Passmore, said regulatory action could follow reports of touting.

However, a freedom of information request to the SRA under the Law Society’s FOI code of practice by Andrew Keogh, who runs criminal law resource CrimeLine, listed just five reports of touting in 2016. 

But the FOI response made clear that its search of reports covered only those where the comments specifically mentioned “tout” or “touting” and related to “poaching clients of other solicitors” in the criminal law field.

Leading criminal law solicitor Bill Waddington, director of Hull-based Williamson Solicitors, said the figures did not appear to reflect what was happening “on the ground” and that solicitors may have failed to report touting “on the basis that they have been doing so for quite some time and nothing is ever done about it, so they don’t bother any more”.

He said that most cases were “capable of being proved”, adding: “The incidents we hear about are in the more serious cases where the defendant is in custody, he’s only been there [a short time], and suddenly another firm manages to get a legal visit to go and see him.”

He also mentioned complaints of touting at busy London courts where “by the time [solicitors] have got to the front door, [the defendants] are all signed up with a variety of people”.

He continued: “People there I assume have complained about it over the years, nothing’s happened and they’ve just thought ‘what’s the point of complaining?’.” Those doing the touting were emboldened by the lack of action, he added.

An SRA spokesman reiterated that the regulator had called for evidence: “As we said in October, we have responded to the profession’s concerns in this area. We have urged anyone with evidence of touting to report it to us, so we can then take appropriate action.”

Last year Mr Passmore said he was “already concerned about the occurrence of poor practice in criminal practice” and that touting was an important aspect. The SRA could “issue guidance, develop warning notices and, of course, investigate specific allegations and reports”.

He stressed that the code of conduct bans solicitors and their agents from proactively approaching potential clients in person in a bid to increase business.

At the time, the Law Society welcomed the regulator “increasing its efforts to investigate the problem of touting after we expressed concerns about it to them earlier this year”.

Tags:




Leave a Comment

By clicking Submit you consent to Legal Futures storing your personal data and confirm you have read our Privacy Policy and section 5 of our Terms & Conditions which deals with user-generated content. All comments will be moderated before posting.

Required fields are marked *
Email address will not be published.

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Reports

Our latest special report, produced in association with Temple Legal Protection, looks at the role of after-the-event (ATE) insurance in commercial litigation post-LASPO. We are at a time when insurers, solicitors, clients and litigation funders work ever more closely to create funding packages that work for all of them, with conditional fee and even damages-based agreements now part of many law firms’ armoury.

Blog

13 November 2019

The October PII renewal: Why the market changed

Since the abolition of the Solicitors Indemnity Fund, the October professional indemnity insurance renewal season has always been a challenge, but this year most law firms saw their premiums go up.

Read More

Loading animation