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Do Sanctions Achieve Objectives?

Submitted by Rosebella Nyonje on Thu, 07/24/2014 - 04:36
Long title
Sanctions Available to the Solicitors Regulations Authority: Do the Achieve their Objectives?
Author(s)
Nehme, Marina
Author(s)' contact information
University of New South Wales, Australia
Conference title
International Legal Ethics Conference VI
Conference location
City University London
Country
Australia
Year
2014
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Abstract
Sanctions are the cornerstone of any regulatory system. They can act as a catalyst to ensure that laws are complied with because they enable law enforcers to promote desired behaviour and punish undesirable acts. The threat of a sanction may be an incentive towards improved outcomes and compliance with the rules. As such, the Solicitors Regulation Authority (SRA) has been provided with sanctions that may allow it to:
• stop conduct that presents a risk to the public;
• deter people from breaching the core principles and regulatory requirements;
• promote compliance; and
• remove solicitors who represent a serious risk to the public.
However, the available sanctions may fall short from achieving these aims. Accordingly, this paper reviews the sanctions available to the SRA and puts forward a proposal on how such a system may be enhanced. This will be achieved through a comparison between the sanctions available to the SRA and the sanctions available in other jurisdictions aimed toward promoting compliance with ethical requirements in the legal profession.
Teaching Topics
Other Topics
Lawyer Regulation