Q&A: The Beckwith Case
It’s not often that SDT decisions are overturned on appeal, so when it happens it’s important to see what practical lessons can be learned.
The Beckwith case has been one of the most talked about disciplinary decisions of the past few years. Partly because the facts involve a partner at a high profile firm. More importantly, there are potentially wider implications for sexual misconduct prosecutions and the regulation of solicitors’ private lives.
We asked Jeremy Phillips QC and Geoffrey Williams QC (The Disciplinary Team) for their expert take:
- What was so special about the Beckwith case?
- Why did the Court allow the Appeal?
- Does the case make it more difficult for SRA to regulate solicitors’ private lives?
- Has the Court diminished the SRA ‘Principles’?
- Will the Beckwith case change the appetite of SRA for prosecuting sexual misconduct cases?
- Where do we stand on the meaning of ‘lack of integrity’?
- What are the practical implications for law firms?
The ABC of Alternative Business Structures
Rachael Eyre says it’s time to look again at alternative business structures (ABSs).
- The Legal Services Act fundamentally changed the way the legal profession works
- What an ABS enables you to do
- How to become an ABS
- “Would you like a divorce with that?”
- Future for ABSs?
Guidance
SRA updates
- Consultation: SRA Business Plan 2021-22 – note that they are proposing increase AML supervision and review ”the role of money laundering reporting and compliance officers” (I presume they are referring to MLCOs rather than COLPs/COFAs).
- Your personal diversity data due to be updated by 31 May – not to be confused with the firm-wide diversity reporting (which is due in late summer), the SRA is asking everyone with an SRA account to update their diversity data . It is not compulsory, but there are “prefer not to say” options.
- Updated: AML Guidance page – helpfully summarises the maze of SRA anti-money laundering guidance. Unhelpfully hidden within the SRA site itself – I’m not sure how one navigates to this page from the menus. (You would expect it to sit in For law professionals>Guidance>Money laundering but no).
Other updates
Webinar training
Thanks to everyone who attended our recent webinar on Price Transparency. The slides can be viewed below. The Zoom recording link has been sent out to those clients who registered.
Next week’s session (19th May at 12pm) will be on risk management for lawyers. We thought this would be a good one in advance of the PII renewal season. Invitations have been circulated to clients.
We will open registration to a wider audience closer to the time.
Disciplinary decisions
- Henna Zeb Khan – NQ struck off for falsifying documents in order to take shortcuts in conveyancing transactions.
- Mark Stephen Francis McDonald – fined £10,000 for failing to communicate with clients and co-operate with the regulator.
