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Friday 19 January 2024 11:26 am

Post Office scandal: Legal regulator warns it ‘will take action’ against unethical lawyers

By: Maria Ward-Brennan

Professional Services Editor

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The legal regulator has warned law firms and lawyers who worked for the Post Office will face ‘action’ if they are found to have ‘fallen short’ of the standards.

The Solicitors Regulation Authority (SRA) provided an update into its investigation today, explaining that it is currently scrutinising tens-of-thousands of pages of information and evidence.

The regulator confirmed that currently, it does not have evidence to show that any solicitor at present is an ongoing risk to the public.

The SRA stated that new issues and evidence are coming to light on an ongoing basis, particularly from the Post Office Horizon IT inquiry.

Lawyer and founder of Tax Policy Associates Dan Neidle who referred the City law firm Herbert Smith Freehills to the SRA last May, claiming the it breached SRA principles by “intimidate postmasters into silence” over their settlement offers. Herbert Smith Freehills were the lawyers for the Post Office for the inquiry until they were replaced last June.

The regulator stated that it expects more relevant evidence in the coming months as the inquiry’s new phase looks at issues such as the conduct of the group litigation and governance.

It warned lawyers today that it “will take action where we find evidence that solicitors have fallen short of the standards the public expects.”

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Lawyers are held to high standards and rules which state that they must work to high professional and ethical standards. This includes upholding the rule of law, acting with integrity, and in a way that upholds public trust and confidence in the profession.

The SRA outlined that it has a range of powers to take action against solicitors and firms to protect the public and act as a deterrent.

This includes being able to fine lawyers and law firms up to £25,000 and put controls on how they practise. In cases of serious misconduct, the regulator can take cases to the independent Solicitors Disciplinary Tribunal. The Tribunal has the power to issue unlimited fines and stop solicitors from practising – either for a limited period (a suspension) or indefinitely (striking off).

Commenting in the update, Paul Philip, SRA chief executive, said: ‘The impact of this miscarriage of justice on so many individuals is tragic. We have live investigations into the actions of lawyers in these cases.

“Although the range of issues we are investigating is complex, the fundamentals are simple. The public expect solicitors to behave ethically. They must act independently and do the right thing in the interests of justice.”

“We will take action where we find they have failed to do so. This is vital to protect the public, maintain trust in the profession, and send a clear message that any solicitor behaving unethically should expect serious consequences. We will act as swiftly as we can, but it is important that we get this right. We owe that to everyone impacted in this case and the wider public,” he added.

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