News release

SRA updates supervision guidance to aid litigation work

We have published our updated guidance on supervision arrangements following the Court of Appeal's judgment on Mazur vs Others.

The court ruled on what constituted the conduct of litigation and what non-regulated individuals could and could not do under supervision from regulated lawyers. We have expanded our supervision guidance following the judgment. Firms are advised to read the guidance in to help make sure their arrangements are lawful.

Case studies are included to support firms in exercising their professional judgement.

The guidance has been reviewed by a range of organisations, such as representative bodies like the Law Society, other regulators such as CILEX Regulation, government departments and other key partners such as the Legal Aid Agency, and the Law Centres Network, who provided helpful contributions.

The requirement for firms to have effective supervision in place is not new. The expanded guidance addresses how and when tasks are delegated, and how a solicitor can demonstrate responsibility via direction, management supervision and control. We have also expanded on sections for supervisors and supervisees.

Jonathan Peddie, SRA Executive Director, Investigations, Enforcement and Litigation, said: 'We know that recent developments have been concerning for many firms, so we are pleased to be able to release our updated guidance. It was important, given the previous uncertainty, that we took the time to review the position thoroughly and collaboratively with others from across the legal sector.

'The court has provided clarity and our overall position remains the same – firms should take a risk-based approach tailored to their circumstances. Each firm will be different, but hopefully our case studies will help them as they exercise their professional judgement in practice.'

We will continue to work closely with stakeholders to make sure the guidance is practical and effective by expanding our pool of case studies.