Enforcement In 2012, the SRA's Supervision function handled a total of 6,289 issues, while the Forensic Investigations Unit began work on 530 new cases. The number of interventions, which involves the SRA closing down a firm because it poses risks to clients, was 37. The number of referrals to the Solicitors Disciplinary Tribunal was 289, which resulted in 77 strike-offs, 94 fines and 56 suspensions, among other sanctions. The Solicitors Compensation Fund accepted 1,321 claims and paid out £18.54 million for those which were successful. Further information on the SRA's enforcement activity can be found on its Reports and Research pages
Outcomes-focused regulation In 2011, the SRA moved from a rules-based tick-box approach to regulation and introduced an outcomes-focused regime. This involved creating a whole new Handbook to create a regulatory framework in which law firms could deliver the best outcomes for their clients using a business model adapted specifically for their situation. Research conducted at the end of 2012 showed that while the number of firms comfortable with the concept of outcomes-focused regulation had increased, the SRA still had work to do to demonstrate the flexibilities offered by the new way of working.
Alternative business structures The Legal Services Act also allowed for law firms to adopt management models that moved away from the traditional all-partner model. Alternative Business Structures (ABSs) were introduced on 6 October 2011, and the SRA began accepting applications for licences on 3 January 2012. The first licences were awarded on 28 March 2012.
Legal education and training review The SRA, in conjunction with the BSB and IPS, has delivered the Legal Education Training Review (LETR), the most comprehensive study on training for legal services in a generation. Each of the regulators will be producing their own response to the findings of the review.
Referral fees in personal injury cases As part of the
Legal Aid, Sentencing and Punishment of Offenders Act 2012, the Government introduced a ban on the payment of referral fees in personal injury cases. Solicitors could no longer pay firms that passed them details of those who had suffered injuries as the Government felt this played a significant part in creating and maintaining the alleged compensation culture. The SRA was tasked with drawing up the rules to outlaw the payments and police the profession in conjunction with the
Ministry of Justice and
Financial Conduct Authority. Despite the ban on referral fees, the practice of Claims Management Companies introducing injured clients to solicitors in exchange for a fee remains prevalent in the UK. A matter of concern with regards to solicitors making payments in exchange for these introductions is the fact that, in many cases, the fee paid is in excess of the costs a solicitor can be paid by the losing party for the work done on some claims. This inevitability of this is that a solicitor must take up the option of deducting up to 25% from the customers compensation in order to cover costs and maintain profitability. It is of note that the initial ability of solicitors to claim referral fees in personal injury cases was itself introduced by Government in order the ameliorate the effect of removal of access to Legal Aid for personal injury claims.
Financial stability The
Great Recession affected the legal sector in the same way that it affected all others. While some firms found new ways of working or cut their cloth accordingly, others failed to adapt to tighter financial constraints. This was brought into focus early in 2013 with a number of high-profile failures at large practices. The SRA started a programme of work to discover how deeply the financial difficulties lie, and help firms in trouble.
News International In July 2011 the SRA announced that it would be launching a formal inquiry into the role played by solicitors in the
News International phone hacking scandal. The SRA confirmed that its investigation would consider the concerns of Labour MP
Tom Watson, who had called upon the SRA to investigate News International's former legal adviser
Harbottle & Lewis. == Concerns ==