Prior to November 2019, the Solicitors Regulation Authority ('SRA') Code of Conduct 2011 expressly prohibited solicitors from making unsolicited approaches in person or by telephone to members of the public.

The SRA proposed new rules which removed this express prohibition.  The Law Society of England & Wales and others rightly raised concerns during consultation about removing the express prohibition.

The SRA went on implement new provisions in its Standards and Regulations which came into effect in November 2019, however, those provisions went much further than their predecessor, instead prohibiting all unsolicited approaches to members of the public, rather than just those approaches in person or by telephone.

It is considered that the general prohibition on all unsolicited approaches is an unwarranted and unnecessary regulatory encroachment which goes much further than it needs to, to such an extent that it impacts on access to justice.

There are countless scenarios whereby it may be appropriate for solicitors to reach out to potential clients to offer assistance; indeed, some members of the public may not be aware that they have a claim, they have been duped by an adviser not to make a claim, or even risk being time-barred from bringing a claim if solicitors do not bring matters to their attention. 

The new provisions have unintended consequences.  Take for example members of the public reaching out for help via a newspaper or other media for representation or pro bono assistance - the new provisions prevent solicitors from reaching out and offering help - such would be an unsolicited and targeted approach.  Similarly, when members of the public post on social media (such as LinkedIn) asking for assistance, the new rules are so wide that any response from a solicitor would arguably fall foul of these new provisions.

It is considered that the former provision which prohibited unsolicited approaches in person or by telephone struck the right balance in protecting the public.  Approaches by phone or in person can be intense and it is recognised that such methods can lead to members of the public being pressurised or exploited - particularly the vulnerable, which must be avoided.  The same cannot be said however for written communications such as letter or email etc., which are far less intrusive and whereby the recipient can simply discard or ignore the correspondence.  Persistent, repetitive and/or harassing approaches would of course be prevented by the wider SRA principles as such conduct would bring the profession into disrepute and would demonstrate a lack of integrity.

Accordingly, this petition respectfully requests that the SRA amend its Standards and Regulations so that only unsolicited approaches in person or by telephone are prohibited.

Contributions to this petition are welcomed by both the profession and members of the public.