The Law Society of England and Wales has criticised what it has described as a 鈥渄isproportionate鈥 increase in the fining powers of the Solicitors Regulation Authority (SRA).
Britain鈥檚 Ministry of Justice yesterday (29 June) increased the watchdog鈥檚 maximum fine from 拢2,000 to 拢25,000.
The society鈥檚 vice-president Lubna Shuja said that the ministry had ignored the majority views of opposition expressed in response to the SRA鈥檚 consultation on the issue.
鈥淲e remain concerned about the lack of independence within the SRA between decision-makers and prosecutors, as well as the lack of transparency around SRA decisions,鈥 said Shuja.
鈥淲e do not think that the right of appeal to the Solicitors Disciplinary Tribunal (SDT) is an adequate safeguard,鈥 she added.
The organisation believes that the SDT is the most appropriate jurisdiction for more serious and complex matters, and those that may involve higher fines.
Currently, disciplinary matters requiring fines of more than 拢2,000 are referred to the SDT, an independent body.
鈥淚t guarantees independence, transparency, objectivity, has adequate safeguards and much greater powers 鈥 including the ability to impose fines and strike off a solicitor,鈥 said Shuja.
鈥淲e will monitor the impact of the increased fining powers to ensure regulation is proportionate and effective,鈥 she concluded.
The Ministry of Justice said that, as nearly 90% of the fines currently issued by the SDT were under 拢25,000, the changes would allow the body to focus on fewer, more significant allegations.
Justice secretary Dominic Raab (pictured) said the move would allow 鈥渟wifter and firmer鈥 action to be taken against solicitors who broke their codes of conduct.
鈥淲e鈥檙e freeing up the Solicitors Disciplinary Tribunal to focus on the most serious breaches, such as those involving Russian sanctions,鈥 he added.