Infolegal
Infolegal Compliance Bulletin 98 - August 2020

Check Your Website - Transparency Issues

At the risk of repeating ourselves, and in particular the message in our alert of August 6, we cannot stress too strongly the need for firms to ensure that their websites are compliant with the SRA Transparency Rules. 

Not only are the SRA in the midst of a review of compliance by firms with these Rules - with sanctions likely to follow for those who are not willing to make themselves compliant - but also the Legal Services Consumer Panel (LSCP) has also decided to get in on the act by publishing a report which reveals, inter alia, that consumers are still struggling with pricing information and some, in vulnerable circumstances, are unclear about what a service will cost until they receive their bill. See the article of August 12 on our main website dealing with this - https://bit.ly/3gYDZOl.

The LSCP report will almost inevitably result in further pressure being placed upon the SRA to ensure compliance by those it regulates.

To assist member firms in dealing with what can be quite complex requirements, we have published a new Transparency Factsheet (Factsheet 35) on the Compliance Hub which contains a checklist of the things that firms need to take into account when carrying out a website review.  

As we mentioned in our article of August 12, we have carried out a random survey of a number of law firms websites and have discovered that many are non-compliant to a lesser or greater extent.  The most common issues are lack of clarity and detail in relation to costs and disbursements, lack of detail as to what is included within a price, insufficient examples of likely prices and pages that are not easy to find - for example no link to pricing from the page describing that the firm undertakes work of that nature.

Other key failings are not referring to making a complaint to the SRA in the complaints section, not including the wording of the firm's own complaints policy in that section (emailing/phoning in for a copy will probably not be acceptable) and not including the firm's SRA number in a prominent place on the website.

If you would like us to carry out a review of your website and provide you with a written report we are happy to do so for a price of £75.00 + VAT.  We are also happy to quote for carrying out any remedial works required.  If you would like further details please contact Duncan Finlyson.


Major Update to the Compliance Hub on its Way

Infolegal is delighted to be able to announce a forthcoming major update to its service. 

We have become aware that with many firms needing to manage staff remotely, and with remote working likely to become a more common feature of practice in the years to come, that what would otherwise be relatively easy compliance tasks when office-based become far more problematic when staff are working from home.

To address this, Infolegal is updating its compliance software to allow firms to manage their compliance more effectively and easily.

Due to be released in November, with a number of additional resources following shortly afterwards, the updates will provide member firms with a range of compliance and firm management tools to help them to:
  • monitor the extent to which the firm is compliant across the firm;
  • maintain registers such as key date, undertakings, approved contractors, subject access requests, complaints and many others;
  • record key data about the firm including office holders, management responsibilities and supervisors;
  • keep a repository for departmental information and the firm's own precedents and documents; 
  • carry out risk assessments and risk registers;
  • undertake monthly COLP and COFA checks;
  • manage personnel related issues including appraisals, staff absence records, holiday requests systems, etc.; and
  • provide a firm alert/bulletin board;
The revised service will also feature
  • a simplification of the means by which regulatory information can be accessed on the Infolegal Compliance Hub;
  • a revised training system; and
  • greater flexibility for administrators in deciding who within the firm can have access to which of the resources.
Given that this is a major update to the service we offer, we will of course be providing all members with more information over the coming few months as well as outlining how firms can make the most of the revised resources.

For more information please contact Duncan Finlyson

The Importance of Undertakings

Undertakings are a fundamental part of the practice of a solicitor and their importance cannot be stated too strongly.  It is essential that they be observed whenever they are given and so should only be given when it is clearly possible for them to be honoured. Reliance upon undertakings is a key to the smooth running of many legal matters, as is the ability of firms to be able to take for granted that if an undertaking is given by a solicitor it will, at the appropriate time, be honoured.

However, with the growth of alternative providers of legal services, and with those other than solicitors involved in the legal process, will so much reliance be able to be placed upon undertakings in the future? What, for example, should solicitors do if undertakings given by non-lawyers are subsequently broken? To what extent should solicitors be prepared to rely upon an undertaking from a non-lawyer when there is a potential for detriment to the client?

To help raise awareness of the important of undertakings we have not only included an article on the main website (https://bit.ly/31T4crg) but have also published a comprehensive new Undertakings Factsheet (Factsheet 34) on the Compliance Hub and will shortly be producing a training module to support this.

Other News

Consultation on Economic Crime Levy


Following its announcement in the 2020 Budget that it was considering the introduction of an economic crime levy, the Government has now published a consultation inviting views on the design principles of the levy, and how this levy could operate in practice, to ensure that it is proportionate and effective.

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Land Registry Accepts Electronic Signatures


HM Land Registry has announced that it now accepts ‘witnessed electronic signatures’ - i.e. electronic signatures that enable an individual to sign legal documents, but which still require a witness who is present at the time to also sign the documents electronically.

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ICO Report and New Guidance


The Information Commissioner's Office (ICO) has published its 2019-2020 Annual Report dealing with a range of topical issues including how facial recognition technology is used and how children are protected online. There is also new guidance on Artificial Intelligence and Data Protection.

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SRA Guidance on Firm Closures


The SRA has published guidance on firm closures giving details of its  approach and providing details of the support it can provide to firms experiencing financial or other difficulties that threaten their ability to continue trading.

Read More
Infolegal is a management consultancy only, it is not a legal practice and is not authorised or regulated by the SRA.
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