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The Solicitors Disciplinary Tribunal (SDT) has the power to strike a solicitor’s name off the roll, suspend a solicitor from practice, fine or reprimand a solicitor or make such other order as it thinks fit.

This book provides a unique step-by-step guide to the law and practice of the SDT, from the issue of proceedings through to appeal. Its practical approach will help anyone who wishes to avoid the common pitfalls faced by unfamiliar users of the Tribunal.

It is the only comprehensive book available on SDT proceedings and it contains all the leading cases on Tribunal proceedings (many of which are not available online) in one handy volume.

This second edition has been extensively revised and updated to include all the latest relevant cases and references and to reflect major changes, including:

• the shift in the standard of proof from the criminal to the civil standard
• changes flowing from the introduction of SDPR 2019
• the bedding in of the SRA Standards and Regulations 2019
• the current law and practice on agreed outcomes
• the test for dishonesty
• the test for integrity and the fallout from the Wingate case
• the test for appeals to the High Court
• changes as to the status of and SDT jurisdiction over RELs.

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Reviews

This second edition is welcome given the revised Solicitors Disciplinary Proceedings Tribunal Rules of 2019. The updated content reflects both the revised rules, case law, and accepted best practice before the tribunal at the time of writing...The second edition contains 150 pages more of material and is an outstanding example of practitioners in a niche area sharing their insights for the benefit of readers...It is a book which is worth every penny…

Paul Bennett is a solicitor and partner at Bennett Briegal LLP

This is a well-written, and reliable text on proceedings before the SDT. Despite the increase in length, it continues to be concise, and thus of great practical use. Writing this book will have been a burdensome undertaking, and practitioners will be grateful to the authors for making their lives commensurately easier.

Robert Forman, Senior Consultant at Murdochs Professional Discipline Solicitors (review in ARDL)

Contents

1. The constitution of the Solicitors Disciplinary Tribunal; 2. The SRA decision to prosecute; 3. Jurisdiction, issue and service; 4. Public hearings and publicity; 5. Rule 12 statements, answers and replies; 6. Standard Directions, Practice Directions and Case Management; 7. Disclosure; 8. Interim applications; 9. Evidence; 10. Dishonesty cases; 11. Types of misconduct; 12. Section 43 orders, RELs and RFLs; 13. Settlements; 14. The trial; 15. Sanctions; 16. Costs; 17. Appeals from the SDT; 18. Termination of an indefinite suspension; 19. Restoration; 20. Variation and removal of restrictions; 21. Appeals to the Tribunal; Appendices. 

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About the Author

Nigel West and Susanna Heley are partners in a national firm of solicitors. They are co-authors of The Solicitor’s Handbook 2019 (Law Society, 2019) and the upcoming 2022 edition.