A solicitor has a conversation with the firm's compliance officer for legal practice (COLP) and informs that he has received a caution for an alleged dishonesty offence. The COLP assures him not to worry since he was not charged with the offence. The solicitor feels that he should disclose this incident to the SRA, however, he is content to rely on the COLP's decision. The occurrence was reported in a local newspaper and came to the attention of the SRA. The SRA demands an explanation as to why the solicitor did not self-report.
Which of the following statements best describes the solicitor's stance?
A solicitor has a conversation with the firm's compliance officer for legal practice (COLP) and informs that he has received a caution for an alleged dishonesty offence. The COLP assures him not to worry since he was not charged with the offence. The solicitor feels that he should disclose this incident to the SRA, however, he is content to rely on the COLP's decision. The occurrence was reported in a local newspaper and came to the attention of the SRA. The SRA demands an explanation as to why the solicitor did not self-report.
Which of the following statements best describes the solicitor's stance?
The solicitor had an obligation to report the caution to the SRA because he knew that the COLP did not intend to make a report.
(D) A solicitor is personally responsible for reporting any criminal convictions, charges, or cautions to the SRA. The reporting obligation can be fulfilled by providing the information to the firm's COLP, with the understanding that the COLP will bring the matter to the attention of the SRA. However, if there is a difference of opinion and the COLP decides not to report, the solicitor must report the matter themselves. It is important to note that the SRA has a regulatory right to be informed of all serious matters, and a solicitor is specifically required to report any caution.
Therefore, the regulatory duty is satisfied only when the SRA is made aware of the caution.