Over the next few days I will be posting regularly as the coronavirus outbreak continues to affect all of us.
The SRA have today published some guidance for firms during
the coronavirus outbreak.
In a fairly limited statement, they have said that they will
take a pragmatic approach to enforcement and will have regard the current,
difficult circumstances. The statement confirms their acknowledgement of the distinction
between those who try to do the right thing and those who do not. The full note is here -
The SRA acknowledge that the disruption might have an impact
on training – particularly where supervised assessment is required. They are
consulting on any steps that might become necessary to deal with this and will publich futher updates on this.
The statement also points to the advice that has been published
by the Law Society –
This contains a very useful Q & A section where many of
the concerns expressed by practitioners are addressed.
This is of some help to solicitors but there is one
important issue where the SRA need to be saying more. I have heard of firms who
are refusing to allow staff to work at home, despite having the capability. My
own view is that any firm who adopt an unreasonable approach in the face of
government advice are potentially in breach of the SRA Principles –
‘Act in a way that upholds
public trust and confidence in the solicitors’ profession and in legal services
provided by authorised persons.”
The Law Society’s guidance warns that these firms face the risk of a "strong
legal claim".
It would be helpful if the SRA issued a warning notice to firms
reminding them of their obligation to comply with official advice regarding
working from home.
No comments:
Post a Comment