SRA Investigations

What to do if you've been contacted by the SRA

It is essential that you treat any contact by the SRA as a formal investigation. Your communications with the regulator could threaten the viability of your firm, individual careers and have wider consequences.

The SRA investigation may take a number of forms, anything from raising queries by e-mail or telephone to sending in a Forensic Investigation Officer to conduct a full Forensic Investigation of the firm.

Understanding the nature of an SRA investigation, and what is required of you is key. SRA investigations are nuanced and it is important that you seek specialist legal advice as soon as you can. Even if you are reading this late, it’s always better to seek help late rather than never.

Forensic Investigations

Typically, the SRA won’t reveal the precise nature of its investigation, or all of the evidence it relies upon. If you have received notice of an SRA Forensic Investigation, this is not a random exercise; the regulator has received information suggesting a serious or systemic issue at the firm.

The Investigation Officer always commences with a short interview. This is your last chance to self-report any issues affecting the firm. We can conduct a dry run at short notice before the investigation commences, and in most cases address issues before the Investigating Officer arrives, as Case Study 3 below exemplifies.

If you are requested to attend a recorded interview, usually the SRA has already pre-determined that dishonesty, lack of integrity or another serious breach of the rules has occurred. Representation by an SRA Investigations specialist could be critical to avoiding SRA Intervention, or the future of your Practising Certificate.

How To Deal With the SRA

You are required to cooperate with the SRA, and it always makes sense to do so. Providing representation in the SRA investigation, we will ensure that you understand the regulatory concerns, and that your explanations address those concerns. We can also ensure that the SRA does not exceed its remit, and help conclude the investigation as swiftly as possible.

The manner in which you communicate with the SRA will likely influence the course of the investigation. In many cases, we are able to assist in having SRA investigations concluded with no further action.

If a written forensic investigation report is sent to you, it means that the SRA believes that there is a prima facie disciplinary case against the firm and any number of individuals. Your response to that report, along with all other communications will be treated as evidence upon which you may later be cross-examined.

If you receive communication from the SRA without an investigation having taken place, the content, and response required will depend whether the SRA has already conducted an Assessment Threshold Test, which we can determine for you from the drafting of the SRA's e-mail or letter.

The SRA has wide powers to sanction you and the firm, or to refer the conduct of you and your firm to the Solicitors Disciplinary Tribunal. Their decision will almost certainly be published and there may well be ramifications for the firm, both in terms of publicity and indemnity insurance issues.

Why choose us?

Murdoch Solicitors’ strong reputation in the field has been achieved through many years’ experience of representing firms and individual solicitors. Our three-strong team caters for the whole spectrum of the profession, from large city firms through to sole practitioners. We understand why some investigations conclude without further action, and why others don’t.

Regardless of whether you require advice on how to deal with the SRA or if you need full representation, Murdochs Solicitors has the experience and expertise to help with all stages of SRA investigations.

Robert Forman in our team, as co-author of the Solicitor's Handbook 2019 and 2022, is author of The Law Society's guide to SRA Investigations.

Case Study 1

We received instructions from a medium-sized firm that had discovered fraudulent activity on its client account by an unadmitted fee earner. Our knowledge of the professional discipline arena enabled us to identify the individual as a person operating under an alias who had engaged in similar activities previously. We advised the firm on its investigation, reported to the SRA on behalf of the firm and assisted them in claims upon their professional indemnity insurers. Keeping good communication with the SRA and insurers, notwithstanding significant shortfalls, intervention and disciplinary proceedings were avoided, and the shortfall met by professional indemnity insurers.

Case Study 2

We received instructions from a senior partner of a magic circle firm alleged to have engaged in large scale disbursement fraud. The issue fell within the jurisdiction of both a European regulator and the SRA. We conducted our own investigation, and prepared a detailed response to the allegations, such that no further was action taken by either regulator, and agreement was reached between our client and the firm.

Case Study 3

We received a telephone call from a small firm : the SRA had given notice that they intended to commence a Forensic Investigation within 72 hours. We conducted a dry run, discovered an historic £70,000 book shortfall on client account relating to previous owners. Through our investigations, we were able to demonstrate how previous owners had sought to hide the book shortfall. We prepared a written action plan and delivered it to the SRA at the commencement of the Forensic Investigation. In view of the historic nature of the book shortfall, we were able to provide cogent reasons why a protective payment was not required to be made into client account. In view of the number of years that had passed it proved impossible to prove absolutely that the book shortfall was not real. Nevertheless, the plan demonstrated to the SRA that the firm was capable of self-regulation and which led to the termination of the investigation without further action and without the firm being required to make a protective payment.

If you want us on your team, e-mail or speak to Andrew Blatt on 07973 752498, Robert Forman on 07976 562236 or Nick Trevette on 07976 795014.

National recognition and Testimonials

'Murdochs Solicitors has a niche team specialising in defence of solicitors' professional discipline proceedings. The firm has particular expertise in SDT matters, SRA forensic investigations and voluntary practice closures. It is experienced in providing advice on interventions and appeals."This firm has a unique ability to handle complex matters quickly and well.""The team shows in-depth knowledge of various SRA regulations and although matters are complex the advice given is clear, concise and practical.""The team is aware of regulatory trends impacting the industry and can respond accordingly." Chambers UK 2024

Predominantly focused on defending solicitors (and other legal professionals) facing regulatory investigations and disciplinary proceedings, Murdochs Solicitors' 'specialist knowledge and extensive experience are exceptional'. The practice of senior partner Andrew Blatt, whose 'advice is very sound and to the point', covers SRA investigations, SDT proceedings, and complex partnership disputes featuring misconduct issues; and senior consultant Robert Forman is 'a leader in his field of Solicitors Professional Standards and Regulations'. At director level, Nicholas Trevette also has significant experience in handling SRA investigations.' Legal 500 UK 2024

If you want us on your team, e-mail or speak to Andrew Blatt on 07973 752498, Robert Forman on 07976 562236 or Nick Trevette on 07976 795014.