Another Success in Preventing Publication of Adverse Outcome

We have a large caseload representing Solicitors subject to investigation and formal proceedings brought by the SRA. Rule 9 of the SRA Regulatory and Disciplinary Procedure Rules states that:

The SRA may disclose or publish any information arising from or relating to an investigation, either in an individual case or a class of case, where it considers it to be in the public interest to do so.

In accordance with the SRA’s criteria:

“Each decision to publish will be taken on its own merits and we will take into account all of the relevant circumstances. These include any representations made by the person who is subject of the decision and, where appropriate, other relevant third parties.

So we may decide not to publish a decision if we are satisfied that:

• we would be unable to do so without:
  • disclosing someone's confidential or legally privileged information, such as a confidential or sensitive medical condition
  • prejudicing other investigations or legal proceedings
• in all the circumstances the impact of publication on the regulated person would be disproportionate. In particular, we need to consider Article 8 of the European Convention on Human Rights and balance the right to a private life with the legitimate aim of publication, as set out above.”

Generally, when interim practising conditions are imposed, those conditions are published on the Solicitors Regulation Authority (“SRA”) website, unless doing so would be disproportionate.

We are currently representing a Solicitor who is under investigation by the SRA. Whilst under investigation, the SRA are imposing interim conditions on our client’s Practising Certificate. We have recently made representations to prevent publication of the interim conditions subject to the following points:

1. Our client’s mental health has and continues to deteriorate,
2. The investigation and fear of publication is causing our client to have suicidal thoughts,
3. We enclosed evidence from medical professionals who express concern for our client’s life if the interim conditions were to be published,
4. Our client’s employers are aware of the investigation,
5. Our client was already being supervised at their employment and therefore posed no risk to the public,
6. Our client had already shown that he would inform any potential employer of the SRA investigation and conditions and there is therefore no benefit in publishing the conditions,
7. Our client has been fully co-operative with the SRA throughout.

We were successful in our representations, meaning the interim conditions will not be published. This allows our client to continue his career discreetly, pending the SRA investigation being finalised.

If you are under investigation by the SRA, please contact our regulatory team on 0207 632 4300 and we would be happy to discuss how we can assist.