Saunders Law successfully prevents the publication of adverse outcomes by the Solicitors Regulation Authority.
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.
The SRA shall publish any decision under rule 3.1 or 3.2, when the decision takes effect or at such later date as it may consider appropriate, unless it considers the particular circumstances outweigh the public interest in publication.
When deciding whether to publish an outcome, the SRA 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.
The SRA may decide not to publish a decision if they are satisfied that:
- They would be unable to do so without:
- a) disclosing someone's confidential or legally privileged information, such as a confidential or sensitive medical condition
- b) prejudicing other investigations or legal proceedings
- In all the circumstances the impact of publication on the regulated person would be disproportionate.
We have recently represented two solicitors in separate matters. One client was responsible for multiple breaches of the SRA Accounts Rules. The other breached the SRA principles including by misleading clients as to the progress of their case. Ordinarily, both outcomes would have been published.
However, we successfully made representations that it was not in the public interest to publish these decisions due to the impact said publication would have on our client’s mental health and both professional and/or personal life.