Regulatory Settlement Agreement
Ordinarily it will take the SRA between 3 and 6 months to prepare a Rule 12 Statement following a decision to refer a solicitor to the Tribunal.
If within that time frame the SRA decides on the basis of further information or representations to resolve the matter by agreement it may be possible to enter into a regulatory settlement agreement.
If a settlement is entered into following the issue of proceedings before the SDT, the SRA may require the solicitor to enter into either a regulatory settlement agreement or an agreed outcome.
A regulatory settlement agreement is a formal written agreement between the SRA and a solicitor which settles complaints made by the SRA against the solicitor.
- It can be entered into at any stage of an investigation. A regulatory settlement agreement normally follows a standard format as follows;
- recites the background facts giving rise to the complaint/allegations;
- identifies the SRA Principles and regulations which are admitted to have been breached;
- contains undertakings setting out any action the solicitor has agreed to take;
- specifies an agreed sanction;
- specifies an agreement reached for the solicitor to pay the SRA’s costs;
contains a mitigation statement;
- acknowledges that the agreement can be published by the SRA.
There is no obligation on the part of the SRA to enter into negotiations for a regulatory settlement agreement.
If the SRA does enter into negotiations such are without prejudice and any such negotiations will be inadmissible in proceedings on the same principles which apply to without prejudice communications.
The benefit of a regulatory settlement agreement is that it offers flexibility and a swift resolution to proceedings.
I am able to provide advice, assistance and negotiate with the SRA in relation to possible regulatory settlement agreements.
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“I have to start by saying that Jon Goodwin as a person and as a professional is simply the very best you will ever have the pleasure of encountering.
As a professional he is absolutely incredible: proficient to the core, exceptionally talented, astute beyond belief and so detailed, you will believe that he has lived your case with you. I have never seen such careful consideration of the facts, such attention to detail and such in-depth knowledge of the law that applies to a case, nor have I ever had the pleasure of experiencing someone with such breadth and depth in knowledge and understanding of their speciality. Jon was always on point: there was nothing he missed and he knew every fact and every rule that applied to it.
Jon’s written and oral advocacy on my behalf were breathtaking and so powerful that I can only describe him as nothing short of a miracle and worth his weight in gold.
At the time I met Jon, I was facing a crippling dishonesty allegation that had come out of the blue after being under investigation already for over 2 years by the SRA and facing a potential strike off. I was terrified, anxiety filled constantly and unable to think or focus on anything.
Jon literally saved my life. He managed with his unparalleled experience and knowledge to properly evidence that the dishonesty allegation was unsubstantiated and had it dropped. He then managed to have my case settled by way of an Agreed Outcome which he tirelessly negotiated on my behalf to get the best outcome possible, even when I thought it would be impossible to do so.
Jon was not only exceptional as an advocate and solicitor but he was kind, caring and understanding. He actually treated me like a human being and I never felt like he marginalised any of my concerns. He was always available, always happy to explain things thoroughly and always there to ease the burden.
I would recommend to anyone facing a regulatory issue to go straight to Jon and don’t bother looking anywhere else: there is no one better, stronger or smarter to succeed on your behalf than him. Thank you Jon – I will forever be grateful for your amazing hand in giving me back my life.”