More in-fighting as Law Society contests SRA’s attempts to gain greater fining powers

Posted on |

Further cracks in The Law Society’s already strained relationship with the Solicitors Regulation Authority (SRA) have emerged this week as the representative body prepares to contest its regulatory arm’s attempt to increase its fining powers over law firms.

In a consultation which ends next month, the SRA has invited views on its proposal to increase the current level of fining powers over City and regional law firms to as much as £100,000. However, the Law Society has said it has ‘concerns over the functioning of the enforcement team within the SRA’. Continue reading “More in-fighting as Law Society contests SRA’s attempts to gain greater fining powers”

Guest post: Too close for comfort – Research concludes the Bar Council has ‘undue influence’ over regulation

Posted on |

The Bar may be collegiate, but are the Bar Council and the Bar Standards Board (BSB) too close? Have you read last month’s Legal Services Board (LSB) report that found the Bar Council encroached on the BSB’s regulatory independence? I doubt it; it’s a lengthy document and it’s taken me three weeks to find the time. But for those questioning the continuing need for the LSB – chief among whom are, of course, the Bar Council and BSB – it is a must-read.

The report, following an investigation lasting around five months, relates to changes made by the BSB to its regulatory arrangements, approved by the LSB, to bring into force the new contractual terms for barristers, including a controversial change to the cab-rank rule. Continue reading “Guest post: Too close for comfort – Research concludes the Bar Council has ‘undue influence’ over regulation”

LSB recommends patent and trademark firm regulator become ABS licensing authority

Posted on |

Increasing numbers of patent and trademark firms can be expected to join the swathes of legal entities becoming alternative business structures (ABS) after their regulatory body won the support of the Legal Services Board (LSB) to become an ABS licensing authority.

In one of three significant recommendations made this week by the LSB to the Lord Chancellor, the regulatory body recommended that the Intellectual Property Regulation Board (IPReg) – the joint regulatory body for the Chartered Institute of Patent Attorneys and Institute of Trade Mark Attorneys – be awarded ABS licensing authority status, meaning patent and trade mark firms will be able to operate as ABSs under IPReg’s governance. Continue reading “LSB recommends patent and trademark firm regulator become ABS licensing authority”

Former Times head of legal Alastair Brett suspended for six months for misleading court

Posted on |

The former head of legal for The Times newspaper, Alastair Brett, has been suspended from practising for six months by the Solicitors Disciplinary Tribunal (SDT) for misleading a court and ‘failing to act with integrity’ in litigation over the naming of anonymous Nightjack police blogger Detective Richard Horton in 2009, an SRA statement confirmed this morning (6 December).

Brett was suspended yesterday (to take effect from 16 December) after the Solicitors Regulation Authority (SRA) told the tribunal that in June 2009, while conducting litigation in the High Court on behalf of The Times, Brett ‘knowingly or recklessly allowed a witness statement to be served in support of its defence which created a misleading impression’.

Continue reading “Former Times head of legal Alastair Brett suspended for six months for misleading court”

New SRA figures show record solicitor numbers as profession not so much declines as changes shape

Posted on |

Contrary to the often bleak picture painted of dwindling numbers entering a legal profession in crisis the number of practising solicitors in England and Wales has hit record levels according to official statistics published yesterday (14 November), as a significant number of law firms and individual practitioners have closed only to be replaced by new openings.

Figures published by the Solicitors Regulation Authority (SRA) show that the number of practising solicitors in England and Wales stood at a record 130,643 at the end of October.

The new figures constitute a 9.5% increase on the number of practising lawyers (those holding practising certificates) in 2009, when the headcount stood at 119,305. Continue reading “New SRA figures show record solicitor numbers as profession not so much declines as changes shape”

Guest post: Is a return to self-regulation really on the cards?

Posted on |

Two months ago, I blogged about the Law Society’s surprising submission to the Ministry of Justice’s legal regulation review, which essentially argued for a return to self-regulation, save that disciplinary and enforcement activities would remain the preserve of a much slimmed-down Solicitors Regulation Authority.

On this, at least, the Bar Council is at one with its solicitor counterpart, a point reinforced at last weekend’s bar conference by chair Maura McGowan QC, who laid into the Legal Services Board (LSB) during her address to members. Continue reading “Guest post: Is a return to self-regulation really on the cards?”

Law firm collapse: SRA intervenes to close down insolvent Follett Stock

Posted on |

Set against a backdrop of over 100 UK law firms currently under threat of closure for failing to obtain professional indemnity insurance, South West law firm Follett Stock is the latest to fold after the Solicitors Regulation Authority (SRA) announced yesterday (6 November) that it had closed down the insolvent firm.

The SRA’s intervention means the Truro-based firm, which also had offices in London, Exeter and Bristol, has been forced to stop operating with immediate effect after being served a winding-up petition by HM Revenue & Customs (HMRC) in August.

Continue reading “Law firm collapse: SRA intervenes to close down insolvent Follett Stock”

No dishonesty but two Addleshaws partners handed £5,000 fine at tribunal following ‘discrepancies’

Posted on |

It won’t rank near the summit of publicity-hogging mis-conduct cases seen at major law firms in recent years but two Addleshaw Goddard partners have each been fined £5,000 after being summoned to the Solicitors Disciplinary Tribunal (SDT) this week.

The financial penalty, which came following an investigation into discrepancies over disbursements, had been agreed by the Solicitors Regulation Authority (SRA) and endorsed by the SDT. The hearing on Tuesday (5 November) was uncontested.

Continue reading “No dishonesty but two Addleshaws partners handed £5,000 fine at tribunal following ‘discrepancies’”

Addleshaw stands by its men as two partners face SDT hearing

Posted on |

The legal profession has seen a handful of high profile cases of commercial lawyers caught out in allegations of fraud or questionable behaviour in recent years, a process that often involves the employing law firm rapidly turning on its own staff.

But while the Solicitors Regulation Authority (SRA) has referred two partners of Addleshaw Goddard to the Solicitors Disciplinary Tribunal (SDT) following an investigation into disbursements, the firm looks to be standing by its men.

Continue reading “Addleshaw stands by its men as two partners face SDT hearing”

Bircham Dyson Bell ex-partner struck off for £2m client overcharging and false expenses

Posted on |

A former Bircham Dyson Bell partner has been struck off the Roll after knowingly overcharging clients, misusing client funds and making false expense claims to the tune of nearly £2m.

William Pencharz was asked to leave Bircham Dyson in February 2010 after a routine review of a file relating to the estate of ‘Ms JB’ raised concerns and led to the review of a further 181 files by the firm.

Of those files, 83 raised suspicions of client overcharging – with one client overcharged by as much as 1100% on a worst case scenario costs draftsman’s estimate. Thirty one files revealed misuse of client funds for minor expenditure and 85 files showed inadequate accounting to clients. Pencharz was also found to have forged three clients signature. Continue reading “Bircham Dyson Bell ex-partner struck off for £2m client overcharging and false expenses”