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Professional Discipline – SRA

Many cases where you need an SRA Lawyer include allegations that the solicitor has acted in breach of the rules on conflicts of interests. Rule 3 of the Solicitors Code of Conduct 2007 sets out provisions for dealing with conflicts of interest. Conflicts between the duty of confidentiality and a duty of disclosure owed by an individual or a firm to two or more clients are dealt with in rule 4.

The general rule is set out in rule 3.01 and lays down a test that the solicitor should not act where there is ‘a significant risk’ that acting in the best interest of the client might conflict with the solicitors own interest in that or a related matter.

Difficulties often arise in conveyancing matters, where the exceptions apply permitting a solicitor to act for two or more clients. Rules 3.07 to 3.15 deal with issues such as the sale not at arm’s length. Problems often occur where it is discovered that there has been a mortgage fraud, and the solicitor has acted both for the vendor and the building society., It transpires that the sale was a sham, and no deposit was paid. The SRA often allege in these circumstances that there is a breach of the ‘Green Card’ warning of mortgage fraud.

Jeremy acted as an SRA lawyer when he advised a large practice where one partner had a commercial interest in a property transaction where the firm was acting. The client was happy for the partner to act for him, but advice was given by Jeremy that another partner should conduct the work, and a protocol established for future transactions. Other transactions later attracted the interest of the SRA and were dealt with in a tribunal hearing.

For advice or an informal discussion on SRA law issues call 0844 2722322.

Specialist Areas

Click on the following to read more information on Jeremy’s specialist experience areas of practice within SRA:

• Boiler Rooms – SRA Lawyer: Specialist barrister advising on boiler rooms and financial promotions in compliance, investigations and SDT hearings. For more information on boiler rooms and financial promotions in compliance click here >
• Conflicts of interest, compliance, investigations and SDT hearings – SRA Lawyer: Specialist barrister advising on these specialist areas of SRA. For more information on conflicts of interest, compliance, investigations & SDT hearings click here >
• Green Card Warning – SRA Lawyer: Specialist barrister advising on the’ green card’ warning on mortgage fraud compliance, investigations and SDT hearings. For more information on the green card warning click here>

 

 

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2nd Floor Trafalgar House, 29 Park Place, Leeds, LS1 2SP

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6 - 7 Gough Square, London, EC4A 3 DE

T: 0844 2722322   F: St Pauls Chambers