By Neil Rose


Some solicitors facing disciplinary hearings over the coal health compensation scheme are deploying a 'very aggressive' approach - including in some cases threats to sue Solicitors Regulation Authority (SRA) staff personally - the government was told last week.



In a letter to Department for Constitutional Affairs (DCA) minister Bridget Prentice, sent ahead of a meeting last week to discuss the issue, SRA board chairman Peter Williamson conceded that 'the complexity of the cases, coupled with the aggressive defences being mounted, means that progress has not been as fast as we had wished'.



Some 40 solicitors are facing the Solicitors Disciplinary Tribunal (SDT) in ten cases. The first two coal health cases - involving another eight solicitors - reached the SDT last year, and SRA findings of inadequate professional service were upheld in both. Mr Williamson said the SRA had hoped these cases would encourage other firms to accept internal SRA decisions without taking them to the SDT, but that does not appear to be happening.



'This is a potentially serious drag on our SDT work, and of particular concern because miners are not receiving their compensation. We are taking all possible steps to resolve this, including considering test cases,' he said.



Mr Williamson called for support from the government and MPs for the SRA's efforts in light of difficulties it is facing, including in some cases the threats of personal lawsuits. The SRA this week declined to discuss the threats further.



In total, the SRA has authorised investigations against 53 law firms, of which 32 have been completed. Partners from 11 firms have been referred to the SDT, while a further eight have been the subject of internal SRA decisions that they breached their professional obligations - 32 solicitors were reprimanded, and 22 warned about their future conduct. In three cases, no further action was taken, while decisions on the other ten are expected soon.



'Investigations in the remaining 21 cases continue to be pursued as a priority,' Mr Williamson said. The next SDT misconduct case is listed for mid-March 2007.



Speaking after the meeting, Mr Williamson said: 'We are dealing with a series of investigations of unprecedented scale, in which the defence representatives are raising potentially complex legal issues. The prosecution of these cases is taking longer than we would wish, but the SRA is determined to meet its obligations as a regulator acting in the public interest.'



A DCA spokesman said: 'While we are pleased to note that progress is being made, it is important that the Law Society continues to explore ways to improve the service that is offered to these vulnerable claimants.'