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Part of the CAAGe ‘How to’ series

Finding legal support for victims of Adult Grooming

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Solicitors

What is a Solicitor

A solicitor is a qualified legal professional who provides specialist legal advice on different areas of law and is responsible for representing and defending a client's legal interest.

Traditionally solicitors only represent clients in the magistrates' court but they can now qualify to o (like barristers) represent clients in the Crown Court and appeal courts. These solicitors are known as HCAs (Higher Court Advocates).

There are various regulatory bodies concerned specifically with the regulation of solicitors’ practices:

Legal Services Board (LSB)

The LSB’s role is:

  • regulation of approved regulators and the Solicitors Disciplinary Tribunal

  • oversight of the Office for Legal Complaints (which is responsible for administering the Legal Ombudsman scheme)

  • making recommendations to amend the list of reserved legal activities

  • setting up voluntary arrangements to improve standards (if required)

Law Society/Solicitors Regulation Authority (SRA)

The Solicitors Regulation Authority (SRA) regulates solicitors in England and Wales. It is meant to represent the public. Although the SRA was formed as a Board of The Law Society, it is an independent body. Although it is not representative of, or responsive to, the profession, and is headed by non-lawyers, we have rarely seen them uphold or take seriously a complaint about solicitors practise that is not financially based.

Solicitors Disciplinary Tribunal (SDT)

The Tribunal adjudicates upon alleged breaches of the rules and regulations applicable to solicitors and their firms, including those of the SRA, and are designed to protect the public, including consumers of legal services. They aim to maintain the public's confidence in the reputation of the solicitors' profession for honesty, probity, trustworthiness, independence and integrity.

It can also adjudicate upon the alleged misconduct of registered foreign lawyers and persons employed by solicitors.  It also reviews applications by former solicitors for restoration to ‘the Roll’* and by indefinitely suspended solicitors for determination of suspension. *Before joining the Law Society, solicitors must apply to be registered with the Solicitors Regulation Authority (SRA). This register is known as the Roll of Solicitors in England and Wales. 

The Tribunal is independent of the Law Society and the Solicitors Regulation Authority, which instigates the majority of the cases dealt with by the Tribunal.  The remaining cases are commenced by members of the public.  The Tribunal's decisions are subject to a right of appeal to the High Court.

Legal Services Consumer Panel

The Legal Services Consumer Panel provides independent advice to the Legal Services Board about the interests of legal services consumers. The panel does not provide legal advice or respond to individual complaints about the legal services received.

The Legal Ombudsman

The Legal Ombudsman deals with complaints about regulated providers of legal services.

The Office for Legal Complaints (OLC) is the board of the Legal Ombudsman, the free service that investigates complaints about lawyers in England and Wales.

Barristers

Who regulates solicitors?

There are various regulatory bodies concerned specifically with the regulation of solicitors’ practices. These are the:

Legal Services Board (LSB)

The LSB’s role is:

  • regulation of approved regulators and the Solicitors Disciplinary Tribunal

  • oversight of the Office for Legal Complaints (which is responsible for administering the Legal Ombudsman scheme)

  • making recommendations to amend the list of reserved legal activities

  • setting up voluntary arrangements to improve standards (if required)

Law Society/Solicitors Regulation Authority (SRA)

The Solicitors Regulation Authority (SRA) regulates solicitors in England and Wales. It is meant to represent the public. Although the SRA was formed as a Board of The Law Society, it is an independent body. Although it is not representative of, or responsive to, the profession, and is headed by non-lawyers, we have rarely seen them uphold or take seriously a complaint about solicitors practise that is not financially based.

Solicitors Disciplinary Tribunal (SDT)

The Tribunal adjudicates upon alleged breaches of the rules and regulations applicable to solicitors and their firms, including those of the SRA, and are designed to protect the public, including consumers of legal services. They aim to maintain the public's confidence in the reputation of the solicitors' profession for honesty, probity, trustworthiness, independence and integrity.

It can also adjudicate upon the alleged misconduct of registered foreign lawyers and persons employed by solicitors.  It also reviews applications by former solicitors for restoration to ‘the Roll’* and by indefinitely suspended solicitors for determination of suspension. *Before joining the Law Society, solicitors must apply to be registered with the Solicitors Regulation Authority (SRA). This register is known as the Roll of Solicitors in England and Wales. 

The Tribunal is independent of the Law Society and the Solicitors Regulation Authority, which instigates the majority of the cases dealt with by the Tribunal.  The remaining cases are commenced by members of the public.  The Tribunal's decisions are subject to a right of appeal to the High Court.

Legal Services Consumer Panel

The Legal Services Consumer Panel provides independent advice to the Legal Services Board about the interests of legal services consumers. The panel does not provide legal advice or respond to individual complaints about the legal services received.

The Legal Ombudsman

The Legal Ombudsman deals with complaints about regulated providers of legal services.

The Office for Legal Complaints (OLC) is the board of the Legal Ombudsman, the free service that investigates complaints about lawyers in England and Wales.

Barristers and Advocates (the Scottish equivalent)

A barrister specialises in courtroom advocacy and provides legal advice.

Barristers advocate, represent and defend clients at all levels of court, and at tribunals. They work independently and are trained to provide an objective assessment of any case. They are qualified to represent clients in the following courts:

  • The Crown Court

  • The High Court

  • The Court of Appeal

  • The Supreme Court

Once qualified, barristers are ‘called to the Bar’ undertake additional training to earn the right to appear and argue on someone’s behalf in a court.

The main difference to a solicitor is that a barrister defends people in Court, while a solicitor generally does the legal work outside Court. However, there are some exceptions, including a Solicitor Advocate.

In Scotland there are no barristers - the equivalent is an advocate.

Who regulates Barristers?

The Bar Standards Board (BSB) sets standards of behaviour expected from barristers. It can take action where it needs to if those standards aren’t being met.

Who regulates Advocates?

The Faculty of Advocates is the governing body. It operates in a similar manner to the SRA, representing the industry.

Coming soon:

  • More sources of support

  • Criminal versus civil law