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In my view, unless the SRA says otherwise, the new Standard 7.7 and 7.10 will provide a certain level of protection in future cases like those mentioned:

S7.7 - You ensure that a prompt report is made to the SRA, or another approved regulator, as appropriate, of any serious breach of their regulatory arrangements by any person regulated by them (including you) of which you are aware. If requested to do so by the SRA you investigate whether there have been any serious breaches that should be reported to the SRA.

S7.10 - Any obligation under this section or otherwise to notify, or provide information to, the SRA will be satisfied if you provide information to your firm's COLP or COFA as and where appropriate, on the understanding that they will do so.

If a trainee or junior lawyer (or anyone else for that matter) has real concerns that something should be reported to the SRA they should tell the COLP/COFA, even if it is the COLP/COFA who is being reported, as this appears to satisfy the above Standards.

Quite clearly the relationship between the reporter and the reported will have broken down and therefore moving to another firm is likely to be inevitable, but the priority for the reported will be to ensure the SRA is unable to pursue a case against them for failing to report.

It will be for the SRA to clarify whether there is any other duty above and beyond the above Standards that will require additional direct reporting (whistleblowing) to it by a reporter.

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