Practising Certificate conditions
No person is qualified to act as a solicitor unless they have been admitted, their name is on the Roll and they have in force a certificate issued by the SRA authorising them to practise as a solicitor (“a practising certificate”).
In addition to the SRA having the power to issue practising certificates, it also has the power to impose conditions while a solicitor’s practising certificate is in force. The relevant rules in relation to the practising certificates are the SRA Authorisation of Individuals Regulations 2019. The regulations set out the circumstances which give rise to a discretion to impose conditions.
I regularly advise on practising certificate conditions and their effect and can advise on procedure and make representations as part of the adjudication process.
The SDT has the power to make such order as it thinks fit and can, therefore, impose conditions restricting the manner in which a solicitor practises in the future. An order imposing conditions is known as a Restriction Order.
The SDT’s Guidance Note states that a Restriction Order will only be made if it is necessary to ensure the protection of the public and the reputation of the legal profession from future harm by the Respondent.