Do Sanctions Achieve Objectives?

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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

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.

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