NEWS
Michael Garson
Council Member round-up By Michael Garson
T
here have been significant developments taking shape over recent months and more are expected as we start to be released from the pattern of working from home. I will touch upon a few of the current topics: Qualification You may have read that the new SQE is proceeding and it was recently confirmed that QWE – ‘qualifying work experience’ – will require certification of time spent working on the part of employers but no assessment of capability is required. This is bold change signals SRA confidence in the sufficiency of their new Part 1 and Part 2 final examinations. The solicitors’ market may expect a tide of new entrants who could provide limited legal services as freelancers where they cannot find employment. They will need to help to adjust to the reality of practice. One only has to read the SRA’s published list of enforcement decisions each month with fines up to £2000 to recognise the number of young respondents who appear to be poorly trained and badly supervised. Recent cases coming to the disciplinary tribunal show that some have little understanding of professional ethics and the boundaries to professional conduct. It would be seriously damaging for the reputation of the profession if SRA admit a host of new solicitors only for this to be followed by a steady flow of strikings off at the tribunal a few years later. Unfortunately, during the interval between the misconduct and enforcement there is risk of harm to members of the public.
SRA Enforcement SRA have recently published a report on its new enforcement policy which highlights the focus of risk and warnings and is an interesting read – www.sra.org.uk/globalassets/documents/ sra/research/upholding-professional-standards-2018-19. pdf?version=4af086. Transparency Regulation It has also published a one year review of its transparency rules which indicates its ongoing monitoring of firm’s web sites and enforcement in this area – www.sra.org.uk/globalassets/ documents/sra/research/year-one-evaluation-oftransparency-rules_research-report.pdf?version=4a91a4. In addition the legal press has recently highlighted cases where fines have been imposed for breaches of the current transparency regulations. There will be more to come as both the Competition and Markets Authority (CMA) and the Legal Services Board (LSB) have indicated the move to the introduction of more requirements specifically in the area of quality indicators and rating by digital comparison tools. Continued on next page The Bill of Middlesex | 7
