SRA Investigations

For law firms, solicitors and other individuals working in Solicitors Regulation Authority-regulated organisations the prospect of being investigated by the regulator can be daunting.

SRA enquiries and investigations can take a long time. They require careful preparation and work to defend properly. And if the charges are proven they can result in significant sanctions, affecting careers and livelihoods.

SRA investigations can also lead to parallel investigations by other regulators and, in extreme cases, even criminal prosecution.

In common with other professional regulatory bodies, the SRA has recently expanded its remit to investigate conduct that was previously considered ‘private’ and outside their disciplinary scope. These matters are usually highly sensitive and can involve criminal law issues.

Hickman & Rose specialise in defending law firms, solicitors and others regulated by the SRA such as compliance officers, trainee solicitors and paralegals in regulatory and disciplinary matters.

Achieving positive outcomes

Solicitors and law firms facing the prospect of SRA investigations can save time, trouble and expense by instructing a specialist SRA defence solicitor at an early stage.

There are a number of ways in which an SRA investigation can be concluded satisfactorily. We can fight and win cases at the Solicitors Disciplinary Tribunal (SDT). However, in some cases, at an early stage, detailed representations on the evidence and/or public interest can result in the SRA taking no enforcement action at all.

In other situations, without prejudice negotiations can be made to to reach a Regulatory Settlement Agreement (RSA) with the regulator avoiding referral to the Tribunal.

Even if a matter has been referred to the SDT, it may still be possible to conclude the case without a full hearing by way of an Agreed Outcome in which the defence may have a say in how the matters are publicly presented.

Expert SRA investigations law firm

Hickman & Rose specialise in defending solicitors under investigation by the Solicitors Regulation Authority.

Led by Andrew Katzen, the firm’s team of expert regulatory defence lawyers has achieved significant successes for solicitor clients. This success has come not only at the SDT, but also in persuading the SRA to take no further action, and in negotiating pre-action settlements which enable solicitors to move on with their careers with their reputations intact.

Among the firm’s recent client in this area are:

• A law firm notified by the SRA that it was going to issue proceedings for alleged AML breaches. Following representations by us, the SRA closed its investigation taking no enforcement action.

• A law firm investigated by the SRA for allegations of failure to comply with AML rules and making false declarations about compliance. As a result of information provided by us, the SRA did not take matters further.

• A partner at a major law firm investigated for facilitating money laundering and failing to comply with the Money Laundering Regulations. After detailed written submissions by us, the SRA took no action.

• A partner and head of department of a well known law firm accused of misappropriating a substantial sum from a client account. This matter was settled without the case being referred to the Tribunal.

• A partner in an international law firm investigated for evasion of tax in his personal affairs. This matter was settled without the case being referred to the Tribunal.

• A solicitor and head of department investigated by the SRA for numerous breaches of confidentiality by transmitting highly sensitive information about clients at her former firm without consent. Following representations by us, no action was taken.

• A solicitor at a US law firm investigated for dishonesty by misuse of an Oyster 60+ travel card for a prolonged period. We submitted medical information and written arguments and the SRA did not proceed further.

• Four senior partners at a well known law firm investigated for failure to deal with sexual misconduct allegations against the firm’s former managing partner. As a result of our work the SRA took no action against any of our clients.

• A senior solicitor and legal director of a large regional law firm investigated by the SRA for misconduct  regarding the fabrication of correspondence with the opponent’s solicitors in commercial litigation. She was subject to an internal disciplinary procedure in which she made admissions, and the firm reported her to the SRA.  We obtained medical evidence and based on this we drafted detailed submissions to the SRA arguing that it was not in the public interest to take proceedings against her. The SRA agreed.

• A partner in a top 20 law firm investigated for misleading the Court and opponents in high profile High Court litigation. No action was taken against our client.

• The senior partner of a law firm investigated for dishonest and negligent conduct relation to the employment and supervision of an employee. The SRA was persuaded to close the investigation into our client without taking any regulatory action against him.

• A former partner of a top 20 law firm investigated by the SRA for sexual misconduct which was dropped by the SRA.

• A solicitor and partner in an offshore law firm investigated for improperly and dishonestly certifying documents. Following representations by us the SRA  accepted that our client did not act dishonestly and a warning was issued: the least serious action that the SRA could have action.

How our SRA investigations lawyers can help

The SRA investigation process can be complex and, for anyone unused to it, challenging and frustrating. The impact on any firm or individual found liable can be severe.

In these circumstances, any firm or individual facing the prospect of SRA investigation is should seek specialist advice.

Hickman & Rose specialise in representing solicitors under SRA investigation. For matters in which there is the possibility of criminal law crossover, the firm’s regulatory law team work in close collaboration with colleagues in criminal defence to provide a complete defence solution.