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The overseas model on which the SRA was based works well because, unlike the SRA, it is understanding of the daily pressures which solicitors face and makes allowance for them. It is supportive of the profession rather than being a stern disciplinarian or a tough cop. It views striking off as the ultimate sanction to be used sparingly to punish the worst behaviour. And it uses a wide range of other sanctions for misdemeanours more effectively than the SRA does. Every single person without exception makes mistakes and errors of judgement, even Lord Justice Flaux and those at the SRA. Regulation is counter-productive if it is only punitive. The offences being prosecuted by the SRA occur with depressing regularity. Does the SRA do anything to prevent that happening ? No. It just punishes wrongdoers reported to it. What happens ? The same behaviour continues and good people who have invested upwards of 5 years of their lives, not to mention a substantial amount of money are thrown on the scrapheap. Is this a complete failure of regulation ? It is where the SRA is not supportive of the profession and where solicitors have no confidence in the regulator.

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