Extra protection for whistleblowers in law

Whistleblowers working in the legal services sector now have increased protection when reporting wrongdoing to the Solicitors Regulation Authority (SRA). This comes in light of the SRA being designated as a prescribed person under the Public Interest Disclosure Act 1998 (PIDA). This legislation helps ensure that anyone who works for or with SRA-regulated individuals or firms is protected if they 'reasonably believe' they are acting in the public interest while making a report to the regulator. This expanded protection covers not only solicitors but also employees of law firms, including paralegals, clerks, trainees, and agency workers.

Solicitors already have a duty to report misconduct to the SRA, but this new measure aims to empower non-regulated colleagues to express their concerns without fear of retaliation. Aileen Armstrong, SRA Executive Director for Strategy and Innovation, stated ‘Serious wrongdoing and associated risks to the public, sometimes only come to light when someone speaks up, but we know that the fear of damaging one’s career can mean that people are reluctant to act. This designation is an important step in making sure anyone working within a law firm, not just a solicitor, feels safe and able to bring forward their concerns.’

Andrew Pepper-Parsons, Director of Policy and Communications at Protect, an independent whistleblowing charity, commented ‘The SRA becoming prescribed is a positive move for both whistleblowers and whistleblowing more generally. It will reassure whistleblowers in the sector that approaching the regulator with intelligence will come with enhanced protection. The annual reports from the SRA that come with being prescribed will add transparency and accountability to the whistleblowing function.’

Individuals with concerns about potential misconduct can report them to the SRA using the Red Alert helpline. The protection applies to disclosures about ongoing, past, or potential future issues, reinforcing a culture of transparency in the legal profession. While the SRA can accept protected disclosures related to legal misconduct, any reports regarding other areas of wrongdoing should be directed to the appropriate regulatory body. This initiative marks a significant step towards fostering an environment where whistleblowers feel secure in voicing their concerns within the legal landscape.