
Outcomes-Focused Regulation: Compliance in Practice
Ark Group (Publisher)
2nd Edition
Published on 28. February 2013
Book
Paperback/Softback
133 pages
978-1-908640-75-8 (ISBN)
Description
This critical report offers practical guidance to aid compliance with the most recent updates to the SRA Handbook - and the upcoming changes to Outcomes-Focused Regulation. Fully updated for 2013, the second edition includes: * An overview of the 6th edition of the SRA Handbook which published 1 Jan 2013; plus advice on upcoming amendments to the handbook in version 7 due April 2013; * Fully updated advice on the SRA's approach to authorisation, risk and supervision; * The SRA Code of Conduct - compliance requirements and risk management strategies in key areas (client care, conflicts of interests and confidentiality, referrals, outsourcing, separate business and overseas practice); * Information on the SRA's Strategic Plan 2013-15 and the SRA's Regulatory Risk Framework; * Information on the regulatory changes and the SRA's response to the LASPO Act 2013, including a checklist of action points to show your firm has considered these changes and updated compliance plans. Respected authors, Bronwen Still and Tracey Calvert were both instrumental in the drafting of the SRA Handbook and have first hand experience in advising firms on ethics and compliance.
What makes this report unique? New and updated real-life case studies, examples and perspectives from leading practitioners give you critical insight into: * COLPs & COFAs - How appointments were made and advice on the practical issues facing those in the roles; * The FSA regulatory experience and how this compares with SRA regulation; * Good governance and how a whistle-blowing policy should work; * Compliance planning - Invaluable tools and procedure options; and much more...
This critical report offers practical guidance to aid compliance with the most recent updates to the SRA Handbook - and the upcoming changes to Outcomes-Focused Regulation. Fully updated for 2013, the second edition includes: * An overview of the 6th edition of the SRA Handbook which published 1 Jan 2013; plus advice on upcoming amendments to the handbook in version 7 due April 2013; * Fully updated advice on the SRA's approach to authorisation, risk and supervision; * The SRA Code of Conduct - compliance requirements and risk management strategies in key areas (client care, conflicts of interests and confidentiality, referrals, outsourcing, separate business and overseas practice); * Information on the SRA's Strategic Plan 2013-15 and the SRA's Regulatory Risk Framework; * Information on the regulatory changes and the SRA's response to the LASPO Act 2013, including a checklist of action points to show your firm has considered these changes and updated compliance plans. Respected authors, Bronwen Still and Tracey Calvert were both instrumental in the drafting of the SRA Handbook and have first hand experience in advising firms on ethics and compliance.
What makes this report unique? New and updated real-life case studies, examples and perspectives from leading practitioners give you critical insight into: * COLPs & COFAs - How appointments were made and advice on the practical issues facing those in the roles; * The FSA regulatory experience and how this compares with SRA regulation; * Good governance and how a whistle-blowing policy should work; * Compliance planning - Invaluable tools and procedure options; and much more...
What makes this report unique? New and updated real-life case studies, examples and perspectives from leading practitioners give you critical insight into: * COLPs & COFAs - How appointments were made and advice on the practical issues facing those in the roles; * The FSA regulatory experience and how this compares with SRA regulation; * Good governance and how a whistle-blowing policy should work; * Compliance planning - Invaluable tools and procedure options; and much more...
This critical report offers practical guidance to aid compliance with the most recent updates to the SRA Handbook - and the upcoming changes to Outcomes-Focused Regulation. Fully updated for 2013, the second edition includes: * An overview of the 6th edition of the SRA Handbook which published 1 Jan 2013; plus advice on upcoming amendments to the handbook in version 7 due April 2013; * Fully updated advice on the SRA's approach to authorisation, risk and supervision; * The SRA Code of Conduct - compliance requirements and risk management strategies in key areas (client care, conflicts of interests and confidentiality, referrals, outsourcing, separate business and overseas practice); * Information on the SRA's Strategic Plan 2013-15 and the SRA's Regulatory Risk Framework; * Information on the regulatory changes and the SRA's response to the LASPO Act 2013, including a checklist of action points to show your firm has considered these changes and updated compliance plans. Respected authors, Bronwen Still and Tracey Calvert were both instrumental in the drafting of the SRA Handbook and have first hand experience in advising firms on ethics and compliance.
What makes this report unique? New and updated real-life case studies, examples and perspectives from leading practitioners give you critical insight into: * COLPs & COFAs - How appointments were made and advice on the practical issues facing those in the roles; * The FSA regulatory experience and how this compares with SRA regulation; * Good governance and how a whistle-blowing policy should work; * Compliance planning - Invaluable tools and procedure options; and much more...
More details
Edition
2nd edition
Language
English
Place of publication
United Kingdom
Publishing group
Globe Law and Business Ltd
Target group
Professional and scholarly
Illustrations
Illustrations (black and white)
ISBN-13
978-1-908640-75-8 (9781908640758)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Previous edition

Book
08/2011
Ark Group
€438.24
Article exhausted; check for reprint
Persons
Bronwen Still is a solicitor (now non-practising) who worked in highstreet practice doing mainly crime, matrimonial and conveyancing work before joining the Law Society in 1980. She worked in many capacities for the Law Society (and subsequently the SRA), initially handling complaints, dealing with interventions and prosecuting cases before the Solicitors Disciplinary Tribunal. In 1989 she was appointed head of the newly-formed 'Professional Ethics' guidance team and was responsible for developing the work of that team - which provides confidential advice to the profession on all matters of professional conduct. In 1999 Bronwen was appointed head of Professional Ethics policy team and, as such, led the team which drafted the Solicitors' Code of Conduct 2007. She is the author of several published articles on the Code of Conduct. Bronwen played a significant role in the early drafting of the new SRA Handbook and was one of the authors of the consultation and draft rules which were published in May 2010, setting out the SRA's new outcomes-focused regulatory approach. She also undertook many workshops on the new regulatory approach as part of the SRA's series of roadshows in 2010. Bronwen has also worked internationally - in Moscow, Lebanon, Jordan, Egypt and, most recently, advising the Vietnamese Government and legal profession on the drafting of their first national ethical code. In September 2010 she set up Seven Hills Legal Training and Services Limited and is now working as an independent consultant advising firms on regulatory matters and lecturing on compliance issues. Tracey Calvert is a lawyer who has worked in the law since 1985. She initially worked in a niche shipping law practice in the City of London, specialising in non-contentious work, and was then employed by a local authority in Worcestershire before joining the Law Society in 1997. Tracey was recruited as an ethics adviser in the Professional Ethics guidance team and became a senior ethics adviser in 2003. Her responsibilities in this role included the training and quality assurance of this highly popular and successful team, which provided confidential guidance to members of the profession on all aspects of conduct. Tracey has also accepted secondments to the Law Society/SRA professional indemnity team and as a manager of the casework and operational policy team, dealing with admission, character and suitability issues. In 2009, she took up her final role within the SRA, joining the policy team. She was a member of a very small team which drafted the SRA Handbook and her particular responsibilities were in respect of the new SRA Code of Conduct and the rules in the 'Specialist Services' section of the Handbook. Tracey's particular interests are conduct, equality and diversity development, financial services, and anti-money laundering policy. During her time at the SRA she has drafted many rules, guidance and articles, and has engaged in many stakeholder activities, both generally and in respect of the SRA Handbook. Tracey is the director of Oakalls Consultancy Limited which provides regulatory compliance services to individuals and entities regulated by the SRA. She lectures on professional conduct, financial services and anti-money laundering policies, and also provides compliance training and writes on compliance topics.
Bronwen Still is a solicitor (now non-practising) who worked in highstreet practice doing mainly crime, matrimonial and conveyancing work before joining the Law Society in 1980. She worked in many capacities for the Law Society (and subsequently the SRA), initially handling complaints, dealing with interventions and prosecuting cases before the Solicitors Disciplinary Tribunal. In 1989 she was appointed head of the newly-formed 'Professional Ethics' guidance team and was responsible for developing the work of that team - which provides confidential advice to the profession on all matters of professional conduct. In 1999 Bronwen was appointed head of Professional Ethics policy team and, as such, led the team which drafted the Solicitors' Code of Conduct 2007. She is the author of several published articles on the Code of Conduct. Bronwen played a significant role in the early drafting of the new SRA Handbook and was one of the authors of the consultation and draft rules which were published in May 2010, setting out the SRA's new outcomes-focused regulatory approach. She also undertook many workshops on the new regulatory approach as part of the SRA's series of roadshows in 2010. Bronwen has also worked internationally - in Moscow, Lebanon, Jordan, Egypt and, most recently, advising the Vietnamese Government and legal profession on the drafting of their first national ethical code. In September 2010 she set up Seven Hills Legal Training and Services Limited and is now working as an independent consultant advising firms on regulatory matters and lecturing on compliance issues. Tracey Calvert is a lawyer who has worked in the law since 1985. She initially worked in a niche shipping law practice in the City of London, specialising in non-contentious work, and was then employed by a local authority in Worcestershire before joining the Law Society in 1997. Tracey was recruited as an ethics adviser in the Professional Ethics guidance team and became a senior ethics adviser in 2003. Her responsibilities in this role included the training and quality assurance of this highly popular and successful team, which provided confidential guidance to members of the profession on all aspects of conduct. Tracey has also accepted secondments to the Law Society/SRA professional indemnity team and as a manager of the casework and operational policy team, dealing with admission, character and suitability issues. In 2009, she took up her final role within the SRA, joining the policy team. She was a member of a very small team which drafted the SRA Handbook and her particular responsibilities were in respect of the new SRA Code of Conduct and the rules in the 'Specialist Services' section of the Handbook. Tracey's particular interests are conduct, equality and diversity development, financial services, and anti-money laundering policy. During her time at the SRA she has drafted many rules, guidance and articles, and has engaged in many stakeholder activities, both generally and in respect of the SRA Handbook. Tracey is the director of Oakalls Consultancy Limited which provides regulatory compliance services to individuals and entities regulated by the SRA. She lectures on professional conduct, financial services and anti-money laundering policies, and also provides compliance training and writes on compliance topics.
Bronwen Still is a solicitor (now non-practising) who worked in highstreet practice doing mainly crime, matrimonial and conveyancing work before joining the Law Society in 1980. She worked in many capacities for the Law Society (and subsequently the SRA), initially handling complaints, dealing with interventions and prosecuting cases before the Solicitors Disciplinary Tribunal. In 1989 she was appointed head of the newly-formed 'Professional Ethics' guidance team and was responsible for developing the work of that team - which provides confidential advice to the profession on all matters of professional conduct. In 1999 Bronwen was appointed head of Professional Ethics policy team and, as such, led the team which drafted the Solicitors' Code of Conduct 2007. She is the author of several published articles on the Code of Conduct. Bronwen played a significant role in the early drafting of the new SRA Handbook and was one of the authors of the consultation and draft rules which were published in May 2010, setting out the SRA's new outcomes-focused regulatory approach. She also undertook many workshops on the new regulatory approach as part of the SRA's series of roadshows in 2010. Bronwen has also worked internationally - in Moscow, Lebanon, Jordan, Egypt and, most recently, advising the Vietnamese Government and legal profession on the drafting of their first national ethical code. In September 2010 she set up Seven Hills Legal Training and Services Limited and is now working as an independent consultant advising firms on regulatory matters and lecturing on compliance issues. Tracey Calvert is a lawyer who has worked in the law since 1985. She initially worked in a niche shipping law practice in the City of London, specialising in non-contentious work, and was then employed by a local authority in Worcestershire before joining the Law Society in 1997. Tracey was recruited as an ethics adviser in the Professional Ethics guidance team and became a senior ethics adviser in 2003. Her responsibilities in this role included the training and quality assurance of this highly popular and successful team, which provided confidential guidance to members of the profession on all aspects of conduct. Tracey has also accepted secondments to the Law Society/SRA professional indemnity team and as a manager of the casework and operational policy team, dealing with admission, character and suitability issues. In 2009, she took up her final role within the SRA, joining the policy team. She was a member of a very small team which drafted the SRA Handbook and her particular responsibilities were in respect of the new SRA Code of Conduct and the rules in the 'Specialist Services' section of the Handbook. Tracey's particular interests are conduct, equality and diversity development, financial services, and anti-money laundering policy. During her time at the SRA she has drafted many rules, guidance and articles, and has engaged in many stakeholder activities, both generally and in respect of the SRA Handbook. Tracey is the director of Oakalls Consultancy Limited which provides regulatory compliance services to individuals and entities regulated by the SRA. She lectures on professional conduct, financial services and anti-money laundering policies, and also provides compliance training and writes on compliance topics.
Content
Executive summary...VII About the authors ...XI Acknowledgements ..XIII Part One: The Changes in Legal Services Regulation Chapter 1: 'All change in the legal services market' ... 3 The LSA - The essentials3 'Regulatory objectives' and 'professional principles' - How regulators must exercise their powers...4 Chapter 2: The opening up of the legal services market... 9 ABSs, LDPs and MDPs...9 Chapter 3: The SRA's response to the LSA... 13 The SRA's new approach ...13 Outcomes-focused regulation - What is it and what benefits does it bring?...13 Risk-based regulation..14 Entities-based regulation ...15 Chapter 4: Cutting the SRA Handbook down to size... 17 An overview of the Handbook's contents...17 The use of different regulatory provisions...17 Areas of essential reading of the Handbook...17 The Principles and their significance ...18 Chapter 5: How the SRA evaluates law firm risk... 23 Setting the standards...23 The SRA's approach to risk ...24 The SRA's structure for firms' risk evaluation...25 Entities-based regulation - The whole firm compliance...26 Chapter 6: Authorisation Rules and how they affect all firms ... 29 Outcomes...29 How are existing firms becoming subject to Authorisation Rules?...29 What the Authorisation Rules will require - At a glance...30 The importance of the conditions...30 Chapter 7: An analysis of the COLP and COFA roles... 33 The need for compliance officers - Rule 8.5...33 How the COLP and COFA were chosen...33 The COLPs' and COFAs' reporting role...36 Chapter 8: Other requirements for authorised firms ... 41 Having suitable owners and managers - Rule 8.6...41 Payment of periodical fees - Rule 8.3...41 Authorised activities - Rule 8.4 ...42 Information requirements - Rule 8.7...42 Additional conditions for recognised bodies and licensed bodies - Rules 8.8 - 8.10...42 Chapter 9: The SRA's powers over firms ... 43 Further imposition of conditions - Rule 9...43 Revocation and suspension of authorisation - Rule 22...43 Notifying third parties of SRA decisions - Rule 2044 Reconsideration and appeals - Rules 29 - 32...44 Chapter 10: How new firms become authorised... 45 The application process...45 Particular issues for ABS applicants...45 The decision-making process...47 Part Two: The Regulatory Regime in Practice Introduction to Part Two ... 53 Chapter 11: The SRA Code of Conduct 2011 and the practical application of OFR... 55 Introduction to the SRA Code of Conduct 2011..55 The SRA Code of Conduct 2011 made easier ...56 Where have all the rules gone? Outcomes and Indicative Behaviours...56 Chapter 12: Client care ... 59 Introduction...59 What does it mean to treat clients fairly? ...64 Flexibility - The client care letter...69 How can client care compliance be demonstrated?...70 Client care planning suggestions...71 Ongoing monitoring...72 How is success measured? ...73 Chapter 13: Conflicts of interests ... 77 Introduction...77 Conveyancing - Where did all the rules go?...81 Other high-risk areas of conflict...83 Who can use the exceptions? ...83 Compliance planning suggestions...86 Ongoing monitoring...86 Chapter 14: The duty of confidentiality and disclosure... 89 Introduction...89 Defined terms...91 The application of information barriers in practice...93 Compliance planning suggestions...95 Ongoing monitoring...96 Chapter 15: Fee sharing and referrals... 99 Introduction...99 How can compliance be demonstrated?...102 Referral arrangements - Planning suggestions...103 Ongoing monitoring.105 How is success measured? ...105 Changes in 2013 - The SRA's response to the Legal Aid, Sentencing and Punishment of Offenders Act 2012...106 Chapter 16: Separate businesses ... 109 Introduction...109 How can compliance be demonstrated?...112 Compliance planning suggestions...112 Chapter 17: Outsourcing ... 113 Introduction...113 The Outcomes which must be achieved...114 Beware of the risk of outsourcing becoming a separate business...115 Interaction with other Outcomes in the Code, authorisation conditions and other Handbook compliance requirements...115 The reputation of the third party...116 Jurisdictional issues...116 Changes on the horizon...118 Chapter 18: Overseas offices ... 121 Introduction...121 Application of the Code to overseas practice ...121 On the horizon...123 Chapter 19: Compliance with the rest of the SRA Code of Conduct 2011... 125 Introduction...125 Whistle-blowing...129 Chapter 20: SRA Accounts Rules 2011 - The new compliance requirements and the role of the COFA... 133 Introduction...133 The changes - Operational flexibility...136 The changes - Accommodating the regulation of ABSs...137 Other changes...137 Application to overseas practice...138 Chapter 21: Other significant aspects of the SRA Handbook... 139 Chapter 22: Compliance planning ... 145 Key notification, reporting and information requirements in other parts of the Handbook ...150