Putting Things Right: The SRA's New Guidance On Own-Interest Conflicts

Historically, there has been a practice of solicitors rectifying mistakes made on existing files (where possible) in order to cure an own-interest conflict and continue acting. However, the Solicitors' Disciplinary Tribunal ("SDT") decision in the case of SRA v Howell Jones [[2018] SDT 11846] ("Howell Jones") has cast doubt on solicitors' ability to do this. On 25 November 2019 the Solicitors Regulation Authority ("SRA")'s Standards and Regulations 2019 (the "STARs") came into force. These contain updated Principles and Codes, which have replaced the SRA Handbook 2011. To assist solicitors and law firms adapt to the new regulatory regime, the SRA also issued guidance on a number of key issues, including on how and why we need to put matters right when things go wrong, in the context of own-interest conflicts.