SSB saga has proved the case for radical regulatory reform—The Law Society Gazette
Legal director Susanna Heley has authored an article in The Law Society Gazette which explores how the collapse of SSB Law exposes deep, systemic failings in the legal regulatory framework and calls for a long-overdue overhaul of the system.
Susanna argues that the Legal Services Board’s report into the Solicitors Regulation Authority’s (SRA) handling of SSB’s collapse highlights not just regulatory missteps but a much wider structural crisis in legal regulation. The SSB scandal, she writes, is symptomatic of a fragmented system shaped by decades of piecemeal reforms that have failed to keep pace with the commercialisation of legal practice, the decline of civil legal aid, and changing societal expectations. She stresses that current regulatory powers, focused on discipline rather than client redress, are inadequate for modern realities, leaving a gulf between individuals’ rights and their ability to enforce them.
At minimum there needs to be an urgent review of the scope of regulators’ roles and the regulatory tools used to ensure confidence in the professions. In the case of the SRA, the main regulatory toolkit– intervention, practising certificate conditions and section 43 orders as well as sanctions– are, in my view inadequate and do not meet modern needs.
As a profession, we well know that our collective reputation is our greatest asset. We should be calling for a new approach to regulation – requiring changes to primary legislation - which focusses on working with the regulated community to ensure good outcomes for clients.
The article is available to view at The Law Society Gazette.
About Susanna
Susanna Heley is a legal director specialising in professional regulation with a particular focus on legal services. She advises law firms and individuals in all branches of the legal profession on professional obligations, including AML compliance and self-reports.
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