The Solicitors Regulation Authority (SRA) began publishing misconduct decisions that were previously private on its website last Friday.
The development means members of the public can now perform an online record check on a solicitor to find out any disciplinary information about them, including minor offences such as late practising certificate renewal.
The SRA board decided last May to publish all sanctions against solicitors, from restrictions on practising certificates to interventions in firms by the regulator's investigators, to help consumers looking to instruct lawyers.
Mark McLaren, public affairs officer with consumer organisation Which?, welcomed the move as 'totally in the right direction' and something 'to be built upon'.
He said: 'We are very much in favour of openness and want to see transparency. We would welcome it if consumers used the information to help them reach their own decision about which solicitor to use.'
McLaren did note, however, that some information as currently presented might be difficult for the public to understand: 'The website could be a bit clearer... perhaps they could make it clear as to precisely what the restrictions are, what they mean and why they are there.'
The move has provoked controversy in some quarters of the profession, raising concerns that, while publishing serious misconduct decisions inspires public confidence, publishing minor ones could just confuse consumers.
There have also been suggestions that the move could make solicitors in fear of bad publicity more aggressive in their responses to an SRA investigation, which could increase costs.
Richard Schofield, head of regulatory affairs at the Law Society, said there was no objection in principle to greater transparency but that this 'does not mean details of all regulatory decisions should be published'.
An SRA spokesman acknowledged that the web initiative was 'just beginning' and said it could be improved in terms of clarity - which was something the SRA will be continuously looking to do.
However, he said publishing the information would help consumers 'thinking about engaging a particular solicitor find out whether that person has some kind of blemish on their record'. He added it would also benefit prospective employers within the profession.
Anita Rice
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