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Law Society reiterates view to exclude legal function from SM&CR

By Charlotte Henry & Albert Weatherill (UK) on November 17, 2017

 

On 26 July 2017, the FCA published Consultation Paper 17/25: Individual accountability: Extending the Senior Manager & Certification Regime (SM&CR) regime to all FCA firms (CP17/25).

The Law Society has now published its response to CP17/25 reiterating its position on the importance of excluding the legal function from the SM&CR regime. The Law Society argues that including the legal function within the regime raises significant risks for clients and solicitors including:

  • erosion of Legal Professional Privilege;
  • in-house lawyers being placed in positions of conflict with their employers; and
  • the prospect of dual regulation for some lawyers.

The Law Society states that the inclusion of the legal function within the SM&CR regime has the potential to put the lawyer in a conflict of interest situation with their employer and could impair that lawyer’s ability to provide full and frank legal advice to his/her clients. Furthermore, including the legal function within the SM&CR regime creates the possibility of dual regulation which can cause additional and unnecessary costs to be borne in complying with difference regimes.

The Law Society therefore calls the FCA to:

  • in the short-term, continue with its policy of taking no enforcement action against lawyers who are included within the SM&CR until the issue has been resolved; and
  • in the medium-term, consult fully on the removal of the legal function from the SM&CR.

View Law Society reiterates view to exclude legal function from SM&CR, 14 November 2017

  • Posted in:
    Financial, International
  • Blog:
    Global Regulation Tomorrow
  • Organization:
    Norton Rose Fulbright
  • Article: View Original Source

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