Guide
Respond to an SRA investigation of your law firm
What to do when the SRA investigates your firm. Covers types of investigation, your cooperation obligations under the Code of Conduct, obtaining specialist regulatory defence representation, and how to respond to conditions, fines, referral to the Solicitors Disciplinary Tribunal, and intervention. Includes appeal rights and escalation scenarios.
Receiving notice that the Solicitors Regulation Authority (SRA) is investigating your firm can be alarming, but how you respond in the first days and weeks is critical. The SRA has wide-ranging powers to investigate, impose conditions, levy fines, refer matters to the Solicitors Disciplinary Tribunal (SDT), and in the most serious cases intervene directly in your practice.
This guide explains what to expect at each stage, your legal obligations during an investigation, and what options you have if the SRA takes action against you or your firm.
When this applies
This guide applies if you are a manager, partner, director, or Compliance Officer for Legal Practice (COLP) at an SRA-regulated firm in England and Wales and you have received any of the following:
- A letter or email from the SRA requesting information or documents
- Notice of a desk-based investigation or thematic review
- Notice of a visit or inspection
- A Section 44B notice (investigation into suspected dishonesty or other serious matters)
- Notice of proposed regulatory action (conditions, rebuke, fine, or referral to SDT)
- Notice of intervention
Types of SRA investigation
The SRA uses a risk-based approach to enforcement. Not every contact from the SRA means your firm is in serious trouble. Understanding the type of investigation helps you gauge the severity and respond appropriately.
Information requests and desk-based reviews
The SRA may write to request specific documents or data. This is the most common form of regulatory contact and may arise from a routine thematic review (for example, reviewing all firms that handle client money), a report from a third party, or data from the Legal Ombudsman. At this stage, the SRA is gathering facts and has not necessarily concluded that anything is wrong.
Visits and inspections
The SRA may visit your office to review files, interview staff, and inspect systems. Visits may be announced or unannounced. Announced visits usually come with a letter setting out the scope and what to prepare. Unannounced visits are reserved for more serious concerns, typically where the SRA suspects evidence may be destroyed or where there is an immediate risk to client money or the public.
Forensic investigations
Where the SRA suspects dishonesty, serious financial irregularity, or other grave misconduct, it may appoint forensic investigators. These investigations are more intensive and may involve external accountants reviewing your client account. A forensic investigation is a strong signal that the SRA is considering serious sanctions.
Your cooperation obligations
Paragraph 7.3 of the SRA Code of Conduct for Firms requires you to cooperate with the SRA, the Legal Ombudsman, and other regulators in an open, timely, and effective manner. This is a mandatory obligation, not a request.
What cooperation means in practice:
- Respond to all SRA correspondence within the deadline given (typically 14 to 28 days)
- Provide all documents and information requested, even if you consider them irrelevant
- Make staff available for interview when asked
- Allow access to your premises and systems during visits
- Do not destroy, alter, or conceal documents
- Do not attempt to prevent anyone (including employees) from reporting concerns to the SRA
Failing to cooperate is a separate disciplinary matter in its own right and is likely to make the SRA's response more severe. Even if you believe the investigation is unfounded, you must cooperate while challenging the SRA's conclusions through the proper channels.
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1. Read the SRA's notice carefully and note all deadlines
Identify exactly what the SRA is asking for, the scope of the investigation, the deadline for your response, and the name and contact details of the investigating officer. Calendar every deadline immediately. Missing a deadline without good reason counts as non-cooperation.
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2. Notify your professional indemnity insurer
Contact your PI insurer as soon as you receive notice of an SRA investigation. Most policies require prompt notification of regulatory proceedings. Failure to notify may prejudice your cover. Your insurer may also fund or contribute towards the cost of specialist legal representation.
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3. Instruct a specialist regulatory defence solicitor
Do not attempt to handle a significant SRA investigation yourself. Regulatory defence is a specialist area. A regulatory defence solicitor can advise on the scope of your obligations, review your response before it is sent, attend SRA interviews with you, and represent you in any subsequent proceedings. If you cannot identify a specialist, the Law Society maintains a find-a-solicitor service, or ask your PI insurer for recommendations. Some PI policies include a regulatory defence costs extension. Do not instruct someone from within your own firm — you need independent advice, and the SRA may view self-representation as a sign that you do not appreciate the seriousness of the matter.
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4. Preserve all relevant documents and communications
As soon as you are aware of an investigation, issue a document preservation notice to all staff. This covers paper files, emails, text messages, electronic documents, and backup systems. Destroying or altering documents during an investigation is extremely serious and may result in criminal charges for perverting the course of justice, in addition to regulatory sanctions.
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5. Prepare your response with your regulatory defence solicitor
Gather the documents and information requested. Your solicitor will help you draft a response that is cooperative, accurate, and does not inadvertently make admissions or concessions that are not justified. Be factual and complete. Do not speculate or offer opinions unless specifically asked.
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6. Cooperate with interviews and visits
If the SRA asks to interview you or visit your premises, arrange this within the timeframe requested. You may have your regulatory defence solicitor present during interviews. Answer questions honestly. If you do not know the answer to a question, say so rather than guessing.
Possible outcomes of an SRA investigation
After completing its investigation, the SRA may take one or more of the following actions, depending on the seriousness of its findings:
No further action
The SRA may close the matter with no action if it finds no breach or only minor issues that do not warrant formal action. You will receive written confirmation.
Letter of advice or warning
For low-level breaches, the SRA may issue a written warning or advice letter. This is not a formal sanction but is recorded on the SRA's files and may be taken into account if further issues arise.
Regulatory settlement agreement
The SRA may propose a settlement agreement where you accept specified findings and sanctions without a contested hearing. This can be quicker and less costly than contested proceedings but results in a published outcome. Take legal advice before agreeing to any settlement.
Conditions on your practising certificate or firm authorisation
The SRA can impose conditions restricting how you practise. For example, the SRA might require you to submit to supervision, prohibit you from holding client money, or restrict the types of work you can undertake. Conditions are published on the SRA's register.
Financial penalty (fine)
The SRA can impose fines of up to £25,000 on individuals and up to £250,000 on firms. For amounts above these limits, the SRA must refer the matter to the SDT, which has unlimited fining powers.
Referral to the Solicitors Disciplinary Tribunal
For serious matters, the SRA refers cases to the SDT. The SDT is an independent tribunal that can impose unlimited fines, suspend solicitors, strike them off the roll, or impose conditions. SDT proceedings are formal and adversarial, with the SRA acting as prosecutor. You will need legal representation.
SDT hearings are held in public and decisions are published. A finding of misconduct by the SDT is extremely damaging to a solicitor's career and reputation.
Intervention
In the most serious cases, the SRA can intervene directly in your firm. Intervention means the SRA takes control of your practice, client files, and client money. Your firm effectively ceases to operate. Intervention is used where there is an immediate risk to clients or the public — for example, suspected dishonesty involving client money, or where a sole practitioner is incapacitated and clients are at risk.
Intervention is devastating for any firm. If you receive notice of a proposed intervention, obtain specialist legal advice immediately and consider whether an urgent application to the High Court to challenge the intervention is appropriate.
Your appeal rights
You have the right to challenge SRA decisions through several routes, depending on the type of action taken:
- Internal review: For some decisions (such as conditions on authorisation), you can request an internal review by a senior SRA decision-maker who was not involved in the original decision.
- SDT appeal: If the SRA imposes a financial penalty or conditions, you can appeal to the SDT. The SDT will hear the case afresh.
- High Court appeal: Decisions of the SDT can be appealed to the High Court (Administrative Court). Appeals are on a point of law or if the SDT's decision was plainly wrong. The High Court can also hear urgent applications to set aside SRA interventions.
Appeal deadlines are strict. For SDT appeals to the High Court, you typically have 21 days from the date of the SDT's order. Missing the deadline may mean losing your right to appeal. Your regulatory defence solicitor should advise you on timing immediately after any adverse decision.
Act quickly if the SRA proposes serious action
If the SRA notifies you of a proposed fine, conditions, referral to the SDT, or intervention, you typically have a limited window to respond (often 28 days). Do not delay in instructing specialist regulatory defence representation. Your PI insurer should also be notified immediately, as defence costs may be significant.
Common mistakes during SRA investigations
Ignoring correspondence: Non-response is treated as non-cooperation and escalates the SRA's concerns. Over-disclosure: Providing more information than requested, or volunteering admissions without legal advice, can widen the scope of the investigation. Blaming staff: The SRA holds firms and their managers responsible for systems and controls; attempting to shift blame to junior staff is unlikely to help and may suggest a culture problem. Negotiating directly: Without specialist advice, you may agree to sanctions that are disproportionate or accept findings that are not justified.
What to do next
If you have just received notice of an SRA investigation, your immediate priorities are:
- Read the notice carefully and note every deadline
- Notify your professional indemnity insurer today
- Instruct a specialist regulatory defence solicitor this week
- Issue a document preservation notice to all staff
If you are not currently under investigation but want to reduce the risk of one, review your compliance systems. Ensure your COLP is carrying out regular compliance reviews, your complaints procedure is working effectively, and your client money handling follows the SRA Accounts Rules precisely. Most SRA investigations begin because of failures in these areas.