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The Law and Regulation of Solicitors: Serious Breaches and Practising Certificate Conditions

The Law and Regulation of Solicitors: Serious Breaches and Practising Certificate Conditions

  • 作者:
  • 出版商: Bloomsbury Professional (formerly Tottel Publishing)
  • ISBN: 9781526520685
  • 出版时间 March 2022
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
¥1,344.20
发货时间:大约 4-5 weeks
Extra 2-10 working days if shipping address outside Hong Kong
Free delivery Hong Kong?
Hong Kong: free delivery (order over HKD 1000)
  • 描述 
  • 大纲 
  • 详细

    This new title engages law staff and those in prominent associated roles in confident regulatory practice, by detailing the legislative framework sitting behind the Solicitors Regulation Authority's (SRA) regulations. The legal discussion is accompanied in each section by a separate practical discussion of:

    • the management issues arising from the legislation
    • possible solutions for implementation within firms
    • regulatory debates
    • analysis of the possible gaps

    The book focuses on practice as an annual event, covering the need to renew, and the idea behind returning to the regulator for authorisation each year. With an in-depth look at practising certificate conditions and the overall management of legal risk; the focus of the calendar year will also draw out other reporting events. With specific content for solicitors, reporting accountants, law firm managers, freelancers, non-regulated firms employing solicitors, registered European lawyers, registered Foreign lawyers, and those subject to other competing forms of regulation, the book reflects and describes legal risk for all forms of modern legal practice. As part of the management discussion for firms it also covers strategic decision making for firms and the different regulatory and risk management outcomes of setting up a practice in different ways.

  • Part 1: Professional practiceM
    Professional practice as a concept
    Historical development for solicitors
    Annual practising year
    Embodiment in practising certificate
    Technical content (including discussion of legislative and regulatory basis):
    Introduction to current legal services regulation and duties to the regulator (SRA)
    Current regulatory position
    Historical legislative and regulatory development (dating back to 1900s)
    Discursive content (including ideas for implementation or discussion in a firm):
    Individual expression as a form of practice
    Ethics and reporting
    The concept of the reasonable man
    Conducting your own investigation
    Checks and balances in legal regulation
    Comparative standards of regulation (including overseas)
    Comparative professional practice for others (accountants, management consultants, medical professionals)
    Part 2. Practising arrangements
    Technical content (including legislative and regulatory basis):
    The practising year, practice events, and individual practice
    Practising certificates (First issue, renewal, suspension, revocation, holding over)
    Firm recognition
    Reserved work
    Non reserved work
    Available practising arrangements (traditional practice, RELs, RFLs, freelancers, ABS, employing solicitors)
    Discursive content (including ideas for implementation or discussion in a firm):
    The practising year, and timelines for management of individual issues
    Options outside regulation, or with alternative regulators
    National and international implications
    Differences in regulatory outcomes and prosecution standards for the various forms of practice
    Ideas for firm strategic management and individual career development based on various forms of practice
    Organisational structure
    What does the practising year mean to you?
    Non reporting relationships with regulators
    Accountant reporting and the practising year
    Managing renewal
    Closing down
    Part 3. Practising Certificate conditions
    Technical content (including legislative and regulatory basis):
    Imposition of conditions
    Suspension
    Criminal charges
    Dishonesty
    Risk management
    Public interest test
    Common conditions
    Discursive content (including ideas for implementation or discussion in a firm):
    Achieving a balance in risk management
    The test for dishonesty and the reporting standard
    Managing others with conditions: COLP, COFA or HR?
    Do conditions work?
    Representations for conditions and risk management
    SDT outcomes and SRA outcomes
    Regulators and regulatory decision making
    Restriction or more practice?
    Addressing personal development needs
    Confidentiality, public confidence, and publication in an age of digital information
    Improving compliance through management

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