Our changes to guidance on the transfer system safeguard the public interest while minimising any adverse consequences

An area of our work that has attracted considerable interest is the Solicitors Regulation Authority’s (SRA) recent decision to improve the arrangements which allow lawyers qualified in a number of other jurisdictions to be admitted as solicitors in England and Wales. It is a good example of how, through listening to the profession, we have been able to modify proposals to fulfil our public interest requirements but minimise adverse consequences.

The changes to the guidance that supports the Qualified Lawyers Transfer Regulations (QLTR) have been made following public consultation, to which 216 individuals or groups responded, including a number of local law societies, firms and representative groups. Nearly half of all responses came from solicitors. Analysing these responses is a time-consuming task, but one that we take very seriously, listening carefully to all concerns and arguments. Although a majority of those who responded supported the proposals, we carefully considered the arguments against them and made significant changes to our guidance in response.

The changes are a short-term measure. For the longer term we are thoroughly reviewing the whole transfer system with a view to amending the transfer regulations themselves, but implementation of any new regulations will take at least two years. As a responsible regulator, the SRA felt it could not and should not delay these changes to wait for the full review.

What effect will the interim changes have? Well, they are designed to help ensure that all solicitors admitted in England and Wales have the knowledge and skills to practise competently and effectively, however they qualified. There are three changes, the key one being clarified guidance on the existing experience requirements set out in the regulations. This now confirms that all transferees will have at least one year’s experience of the law of England and Wales before they are admitted as solicitors.

Will this make things tougher for some lawyers from overseas, as some have suggested? Overall, it will be easier for many transferees to satisfy the requirements. It will make it more difficult for some, but the important thing is that it is proportionate and fair and will help ensure clients can have confidence in their solicitor, whatever the solicitor’s route to qualification. Of course, foreign lawyers wishing to practise here do not have to go down the QLTR route, since they can practise under their own title in all areas except the reserved areas.

To see the full details of the changes and consultation responses, visit www.qltt.sra.org.uk.

Clearer informationWhen you visit the SRA website (www.sra.org.uk), you will notice some major changes. We have improved the structure and the layout of the site to make it easier for users to find what they are looking for. There is also new content, with more on the way. We now take visitors directly to one of three tailor-made areas of the site, depending on whether they are a solicitor, consumer, or student/trainee – the three main groups who use our site. In a fourth area, labelled SRA, you will find corporate information and detailed policy content.

Our website will continue to develop and change. Your feedback will be invaluable in helping with future improvements, so please take a look and let us know what you think by going to www.contact.sra.org.uk.

Miners’ compensationMany of you will be aware that the SRA has been devoting a lot of time and effort recently to the issue of misconduct in relation to compensation awarded to sick miners.

Understandably, there is considerable interest in the progress made on this issue. Parliamentary questions continue to be asked and the SRA and the Legal Complaints Service regularly brief an all-party group of interested MPs. The most recent briefing, which the SRA’s chief executive and I both attended, was earlier this month.

So what progress is the SRA making? As I have said before, we are dealing with it vigorously and steady progress is being made. I think all involved would acknowledge that progress has not been as quick as we would have liked, but it is a very complex area and the preparation and prosecution of cases before the Solicitors Disciplinary Tribunal (SDT) in particular has been very challenging, particularly because of the level of opposition in some cases.

Our approach to these cases reflects our objective of acting proportionately. A few firms we have investigated have required no action. In a number of others, we have concluded that internal decisions will be sufficient, so avoiding the need to refer to the SDT. However, 25 firms, sometimes with several partners involved, are the subject of referral to the SDT, and six cases have been completed, with another 14 lodged. A number of directions and substantive hearings will take place in the coming months.

All six of the completed prosecutions taken forward by the SRA have been successful. Eight solicitors have been fined – up to £15,000 each – and three others have been reprimanded. In a further case, awards of compensation made by the Legal Complaints Service were made enforceable against seven partners.

It is absolutely vital for public confidence that the SRA takes action, and is seen to take action, where there is evidence of serious wrongdoing. We currently publish the decisions of the SDT, and some other regulatory decisions, on our website. Some may feel uneasy about this, and concerns have been expressed that this damages the reputation of all solicitors, but I feel strongly that this is not the case. By being as open as possible about the small number of cases where there is evidence of wrongdoing and demonstrating that action is taken, it reassures the public and raises confidence in the profession as a whole.

Peter Williamson is chairman of the board of the ­Solicitors Regulation Authority

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