Introduction to the Solicitors Disciplinary Tribunal

sdt

The Solicitors Disciplinary Tribunal (SDT) was established under section 46 of the Solicitors Act 1974 to adjudicate upon breaches of the rules of professional conduct by solicitors, registered foreign lawyers and those who are employees of solicitors and to hear applications for restoration to the roll. Its primary remit is to “protect the public and to maintain the reputation of the solicitors’ profession for honesty, probity, trustworthiness, independence and integrity.”

Notwithstanding the fact that it is currently funded by the Law Society (changes to funding being something which has been addressed in the Legal Services Act 2007), the SDT is entirely independent of both the Solicitors Regulation Authority (SRA) and the Law Society and has been held to be an impartial tribunal for the purposes of Article 6 of the European Convention on Human Rights.

The SDT has the power to strike off a solicitor from the roll, suspend a solicitor from practice or fine or reprimand a solicitor, and whilst it cannot make an award of compensation it can make an award of costs. Whilst over 90% of all cases brought before the SDT are brought by the SRA, it is open to anyone to bring a matter before it.

The SDT has jurisdiction over solicitors, former solicitors, registered foreign lawyers, registered European lawyers, recognised bodies and their members, managers of a recognised body who are not solicitors and those who are employed or remunerated by recognised bodies or recognised sole practitioners.

The SDT currently consists of about 50 members, two-thirds of whom are solicitors, and each individual tribunal will be made up of two solicitors and one lay member.

The SDT is permitted to take evidence on oath and can, operating through the High Court, issue witness summonses to compel the attendance of witnesses. Orders of the SDT, when files with the SRA, may be enforced as if they were orders of the High Court.

If you have been referred by the SRA to the SDT or if you are otherwise involved with or subject to a finding of the SDT, contact the Lawyers Defence Group for professional and effective advice and assistance.

To contact us, either:

  • phone on 07092 981 984
  • email on help@lawyersdefencegroup.org.uk
  • request a callback using the form in the right hand menu and someone will call you back at a pre-arranged time, or
  • write to Lawyers Defence Group, Richard Nelson Solicitors, 8 The Courtyard, 707 Warwick Road, Solihull, West Midlands, B91 1TT

Thus, a matter will be likely to be referred to the SDT if, for example:

  • there is evidence that the conduct was pre-meditated, repeated, systematic or otherwise dishonest,
  • the solicitor abused a position of authority or trust,
  • a client’s or other person’s interests have been seriously compromised, or
  • any victim of the misconduct was vulnerable,

whilst it is less likely that the matter will be pursued if:

  • the SDT is likely to impose a nominal penalty,
  • the misconduct resulted from a genuine mistake,
  • the solicitor is elderly and no onger practising, or
  • the solicitor was suffering from significant mental or physical ill health at the time of the misconduct – unless the misconduct was serious or may be repeated.

Full details of the basis and criteria for referral to the SDT will be found in the Code for Referral to the Solicitors Disciplinary Tribunal on the SRA website.