Solicitors Disciplinary Tribunal (SDT) - SRA Defence Kidwells Regulatory

Solicitors Disciplinary Tribunal

If the Adjudicatory referred you to the Solicitors Disciplinary Tribunal (SDT), our regulatory team can provide you with efficient and effective advice.

Solicitors Disciplinary Tribunal

The SRA will serve on the SDT an originating application. Rule 5 of the Disciplinary Proceedings Rules details allegations and breached regulations and encloses the documentation the SRA relies on. A solicitor member of the SDT reviews the file and certifies whether there is a case to answer. If they believe there is, they will serve the papers to the solicitor with directions they must comply with. Following this, the solicitor needs to serve an answer to the Rule 5 statement. This includes whether they admit or deny the allegations made against them. Our regulatory team can provide you with efficient and effective advice if you find yourself in this situation.

The Solicitors Disciplinary Tribunal Hearing

Proceedings, costs and appeals

The forensic investigator may give live evidence and provide the SRA with the documentary evidence. The solicitor in question can present their defence and dispute allegations made against them through oral evidence. If they fail to do so it may lead to the Panel drawing an adverse inference. If the allegations made against a solicitor are true, the panel can make any decisions available to the Adjudicator. They can impose an unlimited fine, suspend the solicitor or strike the solicitor’s name off the Roll. Moreover, the solicitor can mitigate to minimise any sanction imposed by the panel. Our solicitors have experience defending solicitors before the SDT and we will try our best to help you achieve a successful outcome. Furthermore, we can help you appeal a decision within 21 days of the Tribunal’s findings and take the case to the High Court. Our regulatory team understand time is of the essence and immediately assist you in preparing for representation in the High Court. The SRA makes an application for their costs to be paid by the solicitor even when the allegations have not been proven. Even after an acquittal the Tribunal rarely awards the solicitor their costs. Our knowledgeable team can advise on costs you’re likely to find and implications this may have on your finances.

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Support and guidance with every stage

The SRA investigation

The investigation can be very time consuming and demanding on you and your practice and can take a considerable period of time to complete. The SRA can also send in forensic investigations team to your practice, if this happens the matter is very serious indeed and you must …

The Regulatory Settlement Agreement (RSA)

We can help you negotiate with the SRA for a Regulatory Settlement Agreement (RSA) which is an alternative to hearings. It’s a formal written agreement which settles complaints made by the SRA against the solicitor.

The Solicitors Disciplinary Tribunal

The Tribunal will set out directions. Applications can be made in the normal way and will be heard by a judge sometimes on the papers and sometime at a hearing. The panel is made up of a lay person with no legal experience or qualification and then two others who are legally qualified.

Intervention

The SRA can also intervene in your practice, the allegations have to be serious for this to happen but they do not have to be proven at that stage.

Lexcel and File Management Compliance

The process itself is stringent and requires a great deal of diligence and care to complete. However, at Kidwells, due to experience in the area, we can help you attain your desired goal.

The Solicitors Disciplinary Tribunal Hearing