SRA Consultation alert - Legal Practice Course – policy on accreditation of prior learning (APL)

Legal Practice Course – policy on accreditation of prior learning (APL). We are seeking your views on our proposals to allow exemptions from the Legal Practice Course (LPC) in specific circumstances.
The LPC is currently a mandatory course and no exemptions are permitted. The issue of exemptions is of particular relevance now as BVC/BPTC graduates who have not completed pupillage will no longer be eligible to transfer to the solicitors' profession under the new Qualified Lawyer Transfer Scheme (QLTS) Regulations.
We wish to provide flexibility to all students, including those following a non-traditional route to qualification.
View consultation . The consultation period ends on 21 October 2010.

Subject: Consultation opportunity - PII - Changes to the minimum terms and conditions (Deadline 23 July 2010)

Dear Colleagues

I am writing to bring your urgent attention to three new changes which the SRA Board are seeking to make to the minimum terms and conditions for professional indemntiy insurance. These changes were approved by the SRA Board on 18 June 2010 but require approval from the LSB. These new changes are part of the SRA's submission to the LSB for approval of the:

* the Indemnity Insurance rules 2010,
* the minimum terms and conditions, and
* relevant parts of the Qualifying Insurers Agreement.

The changes in respect of the ARP and successor practice provisions were the subject of formal consultation papers.

We are now seeking your views on the three specific changes which were not covered as part of the previous consultations. These proposed changes are as follows.

* Defence Costs (MTC—Clause 1.2(c)) (see paragraphs 35 to 40 of the application);
* Award by Regulatory Authority (MTC—Clause 1.8) (see paragraphs 41 to 48); and
* Debts and Trading Liabilities (MTC—clause 6.6(b)) (see paragraphs 49 and 50).

I am alerting you to this opportunity to comment, as I am aware there are particular concerns about the proposal to withdraw compulsory cover for defence costs. We have highlighted a potential adverse impact on BME solicitors who as we know are disproportionately represented among solicitors against whom the SRA takes disciplinary action.

Please send your comments or enquiries to consultation@sra.org.uk before by 23 July 2010.

You can read the SRA's application in full from the SRA's website at http://www.sra.org.uk/solicitors/professional-indemnity-LSB-application.page

Report from the Diversity and Wellbeing conference week launch organised by the SRA in Leamington spa on Monday 14th June 2010 from 10-3.oopm (Report by Y Daniel who attended for BNLF)

The thrust of the session in the Morning was to highlight efforts of the SRA so far in encouraging healthy living and to promote awareness of the equality and diversity framework among its staff and stakeholders.

The Roundtable conference in the Afternoon was attended by representatives from various groups including Turkish Lawyers association, Lawyers for Disability, Sole Practitioners Group, and Equality and Human Rights commission.

The Director of Regulation in the SRA Samantha Barass gave an outline of the proposed changes of Regulatory strategy at the SRA; reasons for the proposed transformation, main changes anticipated. SB asked for initial feedback from those present as to their commendation and concerns of this proposed change dubbed Outcome Focused Regulation. The major concern voiced revolved around the impact of the OFR on smaller firms i.e. BME firms and Sole Practitioners, namely the additional resources required to adjust to the new requirements; the methods of policing the system as proposed by the SRA, and the fear that there will be a continued perception of indirect discrimination against smaller firms. SB emphasised that in essence, The SRA’s intention was to concentrate more on firms who had no systems in place and were not prepared to be compliant. SB encouraged all groups to ensure that their members responded to the consultation already published, especially in respect of the new handbook.

Architecture of change – new SRA Handbook
The SRA are taking the first major step in the implementation of outcomes-focused regulation, through the development of an SRA handbook of regulations. They have also released more details about their plans for the introduction of alternative business structures. The SRA have sent a letter to Babatunde Akinyanju, BNLF Chair, asking for the views and help of BNLF members to ensure that the new system works works for solicitors and clients, and that it transforms the way in which the SRA and the profession work together. You can respond either directly via the SRA (see link below) and/or via BNLF.
- Responses via BNLF by 19 July 2010 please by email, info@bnlf.org.uk
- Responses directly to SRA by 20 August 2010 via their website, click here for link.

Solicitors Regulation Authority Consultation alert : Outcomes-focused regulation (Posted 6 May 2010)
The SRA is transforming its approach to regulation for the benefit of consumers, to take effect in October 2011.We recognise that significant reform of our traditional approach is necessary if we are to be a fit-for-purpose regulator in the new legal landscape brought in by the Legal Services Act 2007.

In particular, we recognise that:

• our current rule book is detailed and prescriptive. It tends to lead to the use of resources which could better be deployed on higher-risk areas and doesn't help us to get the best out of our relationship with the profession. Even in the current marketplace, it becomes increasingly difficult for detailed rules to keep pace with change. This will be even more so with the liberalised legal landscape starting in October 2011;
• our regulatory approach needs to be more effective, proportionate and targeted so we can consistently regulate a greater range of legal service providers with a targeted, risk-based approach.
  
  Consequently, we will move to a system of outcomes-focused regulation (OFR) which will offer
  
• good firms more flexibility in how they operate their businesses, as well as
• a strong focus on the quality of services provided to clients.
  
  We have published a consultation paper setting out the timetable for implementing OFR, and how we will deliver it.

The deadline for submission of responses is 27 July 2010. To take part in the consultation, or to find out more, see http://www.sra.org.uk/sra/consultations/OFR-consultation.page.

SRA seeks to appoint an Independent reviewer for Customer Complaints (9 April 2010)

The SRA are now advertising for an Independent Reviewer to look at complaints about the SRA that we are unable to resolve internally through our new consumer complaints policy. We are tendering for the service, which will involve the appointment of a high profile and experienced complaints handler for the Independent Reviewer role, as well as the provision of the required casework and administrative support. Further details can be found on our website via the following link: http://www.sra.org.uk/sra/news/independent-complaints-review-tender-invitation.page
Completed tenders must be received by 16.00 on 6 May 2010.

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SRA Update: Issue 12 – February 2010
SRA Update brings you the latest information about the work of the Solicitors Regulation Authority. It includes important news for solicitors and others working in legal services. In this issue...

- Rule 2 changes – remuneration certificates, complaint handling
- "Arm's length" conveyancing transactions – case study
- OFT anti-money-laundering registration deadline
- Financial services rules – sale and rent back agreements, PLUS market
- Civil recovery – acting for a retailer
- Achieving the right outcomes – learn about our plans
Click here to view the SRA Update, Issue 12, February 2010

Solicitors Regulation Authority Consultation alert:
Achieving the right outcomes (January 2010)

Changes brought about by the Legal Services Act 2007 mean that the SRA is proposing a fundamental overhaul of the regulatory regime for solicitors, to take effect next year.We are planning to move towards outcomes-focused regulation in 2011, meaning that our work will concentrate more on the quality of what a solicitor is delivering to the client, than prescribing how they reached that stage.

Key elements include:

• Setting high-level professional standards expected of a solicitor—along the lines of those currently in rule 1 of the Solicitors' Code of Conduct—and how they should be experienced in reality by clients and others.
• Only retaining detailed rules where genuinely needed to protect consumers and deliver high standards of service.
• Building a more constructive relationship between the SRA and firms, moving away from investigation of rule breaches as an end in itself, to a discussion of whether a firm can demonstrate that it is acting in a principled manner and achieving the desired outcomes for clients.
• Building a more constructive relationship between the SRA and firms, moving away from investigation of rule breaches as an end in itself, to a discussion of whether a firm can demonstrate that it is acting in a principled manner and achieving the desired outcomes for clients.
• Concentrating SRA resources on the issues and activities that pose the greatest risks to consumers and the public interest.
• Outcomes-focused regulation will usher in a new era for both the SRA and the firms it regulates—traditional law firms and, in future, alternative business structures. This major piece of work will require substantial engagement with stakeholders over the coming year and the SRA has published a strategy paper and FAQs to help you understand what it is proposing.

As 2010 progresses, there will be a series of consultations on the detail of how this will all work, which will help us shape a regime that encourages the SRA and law firms to work collaboratively to improve standards in the public interest.

To take part in the consultation, or to find out more, click here. The deadline for submission of responses is 6 March 2010.

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Thursday 15 October 2009: SRA commissions research into the representation of BME solicitors in regulatory decisions

The Solicitors Regulation Authority (SRA) has announced the appointment of Pearn Kandola, a leading firm of business psychologists, to carry out research that will provide the SRA with a better understanding of the over-representation of BME solicitors in its regulatory decisions.

The study will look at a range of issues, including the SRA’s processes, the career progression of BME solicitors, the fields in which BME solicitors work, and how other professions’ regulators deal with similar issues of disproportionality.

The study will also ask BME solicitors about their experiences of being regulated by the SRA.

The research, which will be published, is planned as the first of a series of research projects to better understand and address the causes of disproportionality. Recommendations for change will be made.

SRA Chief Executive Antony Townsend said: “At the beginning of this year, the SRA finalised an ambitious strategy to address issues of equality and diversity, since when we have been working with our stakeholders to deliver that strategy. This research study is one element of that strategy. We know that disproportionality exists, but we don’t fully understand why it is occurring. This is something we take very seriously, as part of our objective to be a fair, open and proportionate regulator.

“It is vital that we understand and explore the factors that contribute to this disproportionality, looking both at the practices and processes of the SRA and external factors, such as training and education, nature of work and type of practice. “

For more information, contact Cathy Lee on 01926 487160.

Notes to editors
An independent report by Lord Ouseley, and previous internal reports, evaluated the data and identified that BME solicitors are more likely to be subject to regulatory action see www.sra.org.uk/ouseley
The SRA has published its equality and diversity strategy and action plan see www.sra.org.uk/equality
Lord Ouseley’s interim report on the SRA’s strategy can be found at www.sra.org.uk/ouseley#progress
For the latest figures on equality and diversity monitoring of regulatory activity see www.sra.org.uk/sra/equality-diversity/reports/annual-report.page
Pearn Kandola has expertise around issues of disproportionality and has carried out research in this area for other organisations.

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BNLF and the Solicitors Regulation Authority (SRA)

The importance of BNLF’s as an important representative body and voice for Nigerian lawyers and students in the UK was further endorsed by the invitation of BNLF to join the Solicitors Regulation Authority Working Party investigating the overrepresentation of BME solicitors in regulatory activity. Lord Herman Ouseley was the Independent Reviewer commissioned by the SRA to prepare the report on behalf of the Working Party which was chaired by Anesta Weekes QC.

BNLF General Secretary Tope Ojikutu and Remi Aiyela, membership Secretary represented BNLF on the Working Party. Other BME representatives groups on the Working Party were; the Black Solicitors Network, the Association of Muslim Lawyers, the Society of Black Lawyers, the Society of Asian Lawyers and the Association of Black Police Officers.

In a letter to Oba Nsugbe, Chair of BNLF on 11th August 2008, Anthony Townsend, Chief Executive of the SRA and Peter Williamson Chair SRA Board, thanked BNLF for its involvement in the Working Party and said;

‘We have already set out a programme of immediate action and we will be publishing our Equality and Diversity Strategy for consultation in September. We would like to do this work with you as one of our key stakeholders. We look forward to working with you on implementing the recommendations in the report and in ensuring that the British Nigerian Law Forum is able to raise issues directly with the SRA on matters of regulations and practice’.

The findings of the report of Lord Ouseley were published on Thursday 14th August 2008. The report contains the responses of the BME members of the Working Party. BNLF’s response was prepared by the BNLF SRA Report Committee members, Paul Onifade, Partner of Crowthers Solicitors, Adenike Sonuga, Senior Crown Prosecutor, CPS, Tara Olowu, Solicitor at Ross Simon & Co, Efuru Obua of J.E Solicitors and Tope Ojikutu of T.Ojikutu & Co Solicitors. Follow this link to view SRA page and download the report: http://www.sra.org.uk/sra/equality-diversity/reports.page

BNLF is in the process of organising discussion seminars on practice management and professional regulation in the Autumn.