The Bar Standards Board (BSB) has published a report on the impact of their revised approach to regulating barristers’ Continuing Professional Development. The report found that the general attitude towards the scheme amongst barristers was positive, with many welcoming the improved flexibility of the rules, however the report also suggested that there was some misunderstanding over the role of reflection in maintaining professional standards.
The report focuses on the CPD approach launched in 2017, which emphasised outcomes for barristers with over three years of experience, replacing the prescriptive hours focused approach.
Read the full report on the BSB site (PDF).
A survey of 400 in-house lawyers, carried out by law professors from Exeter University and University College London in collaboration with flexible legal services provider Lawyers on Demand, has revealed that a third of in-house lawyers are sometimes placed in difficult moral positions. The research found that:
- 32% were asked ‘to advise or assist on things that made them uncomfortable ethically’
- 45% were asked to advise on proposed company action which was ethically debatable
- In-house lawyers involved in the survey were ‘hazy (sometimes very hazy)’ on the content of the SRA handbook and their professional obligations
- Eight out of 10 agreed their legal department had been criticised for inhibiting or slowing commercial decisions.
Read more about the study or download the report here.
The Bar Standards Board (BSB) has taken a number of steps to modernise its regulatory decision-making. Recent changes include:
- A new edition of its handbook – introducing new Enforcement Decision Regulations
- The establishment of a new Independent Decision-making Body (IDB)
- The creation of a new Independent Reviewer role to carry out requests for the review of individual decisions
- The launch of a new website to make it easier for the profession and the public to access the information they need. It includes dedicated sections for the public, for students and for barristers and other legal professionals, containing everything they need to know about BSB rules and guidance.
Read more about these changes…
The Competition and Markets Authority reported in 2016 that one of the major barriers to accessing and understanding legal services was a general lack of accessibility, particularly in how information is presented and shared. Charities such as Citizens Advice and Age UK have suggested that this is of particular concern regarding people who, due to mental or physical disabilities, might face heightened challenges.
The Solicitors Regulation Authority (SRA) commissioned YouGov to undertake research with disabled people in England and Wales. The aim of this research is to explore the reasonable adjustments that solicitors and law firms can make for legal services and information provision to be more accessible for disabled people.
Download the report
The Solicitors Regulation Authority (SRA) has announced that they will be increasing checks on law firms after it found that 21 percent of the 400 firms consulted were not complying with anti-money laundering regulations. The majority of firms were using templates and these firms’ risk assessments were generally of lower quality as firms appeared to take a ‘copy and paste’ approach without thinking through the specific risks and issues faced by their firm.
In light of these findings the SRA has updated its warning notice, provided additional support and guidance and plans to carry out an extensive programme of firm visits.
Read more about this story…
The Centre for Ethics and Law in the UCL Faculty of Laws is undertaking a fundamental review of the current regulatory framework for legal services in England and Wales, led by Honorary Professor Stephen Mayson. The independent review is intended in part to explore the longer-term and related issues raised by the 2016 Competition and Markets Authority’s (CMA) ‘Legal Services market study’ and its recommendations. The interim report has just been published and is available here.
The SRA has launched a consultation on proposals designed to make sure that high standards of advocacy are provided by solicitors.
- the introduction of revised standards for the Higher Rights of Audience qualification
- the creation of a single, centralised Higher Rights of Audience assessment
- the development of more online resources to help solicitors maintain and develop their advocacy skills
- only solicitors with Higher Rights of Audience qualification should be able to undertake advocacy in more serious cases in the youth court.
Reports such as the Ministry of Justice’s Jeffrey Review and SRA’s own judicial perceptions research have suggested judges have concerns about the competence of some of the solicitor advocates appearing before them.
New SRA research suggests that one in three solicitor firms (32%) offer criminal advocacy, mostly focusing on guilty plea and sentencing hearings. Nearly 60% of firms provide advocacy services for civil cases, 47% in areas of family law and 32% at tribunals.
Read the consultation: Assuring advocacy standards
The Solicitors Regulation Authority (SRA), has produced a dedicated webpage of resources for solicitors to help them prepare for the introduction of their new Standards and Regulation on 25 November. The new Standards and Regulations aim to reduce bureaucracy, simplify rules and provide greater flexibility. One of the key new requirements is for all law firm websites to use the SRA clickable logo, which uses smart technology to confirm to website visitors that a specific firm is regulated and what this means for clients.
The Solicitors Regulation Authority has published a report detailing how it deals with complaints, undertakes investigations and decides on what sort of regulatory action is required. The report covers the period November 2017 – October 2018 and includes case studies and reflects upon emerging trends, such as the use of NDAs.
Download the report
A new set of rules have been released by the Legal Services Board (LSB), which aim to clarify the separation between representative bodies and their regulators. The internal governance rules (IGRs) have been published following a series of public consultations that first began in November 2017. The rules which were released by the oversight regulator provide and define the relationship between the approved regulator and the regulatory body can be viewed here. Legal regulators now have one year to implement changes to bring themselves in line with the new rules.