2023년 2월 22일 수요일

What factors will be seen as aggravating factors to a serious breach for the SRA?

The Solicitors Regulation Authority (SRA) considers several factors when determining whether a breach by a solicitor or law firm is a serious breach, and whether any aggravating factors are present. The following are examples of factors that the SRA may consider as aggravating factors to a serious breach: Repeated or systematic misconduct: If the misconduct was not an isolated incident and occurred multiple times, or if it was part of a broader pattern of misconduct, this may be seen as an aggravating factor. Dishonesty or lack of integrity: If the misconduct involved dishonesty, fraud, or a lack of integrity, this may be seen as an aggravating factor. This is because the SRA places a high value on honesty and integrity in the legal profession. Serious harm caused: If the misconduct resulted in serious harm to clients, the public, or the reputation of the legal profession, this may be seen as an aggravating factor. Lack of cooperation: If the solicitor or law firm failed to cooperate with the SRA's investigation, this may be seen as an aggravating factor. Prior regulatory history: If the solicitor or law firm has a history of regulatory breaches or has previously been disciplined by the SRA, this may be seen as an aggravating factor. Failure to put things right: If the solicitor or law firm failed to take appropriate steps to rectify the misconduct or prevent it from happening again in the future, this may be seen as an aggravating factor. Overall, the presence of aggravating factors may increase the severity of the breach and may result in more severe disciplinary action by the SRA, such as a fine, suspension, or revocation of the solicitor's practicing certificate.

댓글 없음:

댓글 쓰기