Lawyer Disciplinary Processes: An Empirical Study of Solicitors’ Misconduct Cases in England and Wales in 2015

27 Pages Posted: 12 Jul 2019

See all articles by Andrew Boon

Andrew Boon

City, University of London

Avis Whyte

University of Westminster

Date Written: January 31, 2019

Abstract

The Legal Services Act 2007 effected major changes in the disciplinary system for solicitors in England Wales. Both the practice regulator, the Solicitors Regulation Authority, and a disciplinary body, the Solicitors Disciplinary Tribunal, were reconstituted as independent bodies and given new powers. Our concern is the impact of the Act on the disciplinary system for solicitors. Examination of this issue involves consideration of changes to regulatory institutions and the mechanics of practice regulation. Drawing on Foucault’s notion of governmentality, empirical evidence drawn from disciplinary cases handled by the SDT and the SRA in 2015 is used to explore potentially different conceptions of discipline informing the work of the regulatory institutions. The conclusion considers the implications of our findings for the future of the professional disciplinary system.

Keywords: lawyer, solicitors, discipline, tribunal

JEL Classification: K42

Suggested Citation

Boon, Andrew and Whyte, Avis, Lawyer Disciplinary Processes: An Empirical Study of Solicitors’ Misconduct Cases in England and Wales in 2015 (January 31, 2019). (2019) 39:3 Legal Studies; U. of Westminster School of Law Research Paper. Available at SSRN: https://ssrn.com/abstract=3418327

Andrew Boon (Contact Author)

City, University of London ( email )

3 St. Pauls Crescent
London, NW1 9XS
United Kingdom

Avis Whyte

University of Westminster

309 Regent Street
London, W1R 8AL
United Kingdom

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