SRA Character and Suitability Watch

username4682210
Badges: 1
Rep:
?
#1
Report Thread starter 2 months ago
#1
Hi

Has any one got any experience regarding the character and suitability test and what constitutes other dishonest behaviour that may be relevant to an application.
I know that I have no criminal convictions, assessment offences, IVA's or CCJ's. So I was wondering what the last section is supposed to cover?
Last edited by username4682210; 2 months ago
0
reply
adz86
Badges: 9
Rep:
?
#2
Report 2 months ago
#2
If you’re referring to section 5.8 of the assessment form then it provides examples of the type of behaviour it covers. Given that criminal/assessment offences etc are covered in specific sections, I assume 5.8 is a chance to declare other behaviour incompatible with the 10 SRA principles, such as dismissal from employment for dishonesty which did not result in a conviction.

Is there anything you’re particularly concerned about?
Posted on the TSR App. Download from Apple or Google Play
0
reply
bea719
Badges: 1
Rep:
?
#3
Report 2 months ago
#3
Hi I've been having the same concerns. I had a problem with an insurer a year ago where they accused me of fraud. They were going to come to my house and interview me and it was all a bit too much hassle for a £150 claim so I wrote to them with my statement of events and withdrew the claim. After that, I didn't hear from them, or anyone else regarding the situation again. Is this something that I should disclose?
Last edited by bea719; 2 months ago
0
reply
adz86
Badges: 9
Rep:
?
#4
Report 2 months ago
#4
The 10 SRA Principles are here: https://www.sra.org.uk/solicitors/ha...s/content.page

The key question you have to ask yourself is: objectively, did my behaviour fall short of one or more of those principles and if reported to the SRA, would my character and suitability be called into question?

Before I work through your question, bea719 why did you withdraw your claim and did your statement of events include any suggestion of dishonesty on your part?
0
reply
bea719
Badges: 1
Rep:
?
#5
Report 2 months ago
#5
Yes, my statement did contain a suggestion of dishonesty and an apology. In the first instance, I wasn't entirely honest. Once I realized I had made a mistake I provided the correct statement and apologized for my actions immediately and withdrew the claim.

It was foolish and completely out of character for me and the only bad thing I've ever done and I've regretted it ever since. But following my retraction of the claim and my statement to the company I didn't hear from them again. I don't know if insurance etc is the kind of thing the SRA investigate as part of an application or whether the company in question has taken it any further because of their lack of contact following the incident.
0
reply
adz86
Badges: 9
Rep:
?
#6
Report 2 months ago
#6
(Original post by bea719)
Yes, my statement did contain a suggestion of dishonesty and an apology. In the first instance, I wasn't entirely honest. Once I realized I had made a mistake I provided the correct statement and apologized for my actions immediately and withdrew the claim.

It was foolish and completely out of character for me and the only bad thing I've ever done and I've regretted it ever since. But following my retraction of the claim and my statement to the company I didn't hear from them again. I don't know if insurance etc is the kind of thing the SRA investigate as part of an application or whether the company in question has taken it any further because of their lack of contact following the incident.
Because you potentially made a written admission of dishonesty and apologised for your conduct, I would suggest seeking professional advice on the matter as its not as clear cut as I initially thought. Preempting any suggestion that this is overkill, it would be prudent to resolve this matter before you invest a significant amount of time and effort into building a career, only for the SRA to take action at a later date, should the issue be drawn to their attention. Balancing probability and consequences here, it is the weighting that I attach to the latter which leads me to suggest the above course of action.

Jonathan Greensmith was really helpful when I went through the assessment process, so you may want to contact him to understand how to proceed: https://keystonelaw.co.uk/lawyers/jonathan-greensmith
0
reply
bea719
Badges: 1
Rep:
?
#7
Report 2 months ago
#7
Hi Thanks for your advice

Can you elaborate on your own experiences? What kind of issues where you disclosing in respect of your application? What was the response from the SRA? Also, do you know how much Mr Greensmith charges per hour?
(Original post by adz86)
Because you potentially made a written admission of dishonesty and apologised for your conduct, I would suggest seeking professional advice on the matter as its not as clear cut as I initially thought. Preempting any suggestion that this is overkill, it would be prudent to resolve this matter before you invest a significant amount of time and effort into building a career, only for the SRA to take action at a later date, should the issue be drawn to their attention. Balancing probability and consequences here, it is the weighting that I attach to the latter which leads me to suggest the above course of action.

Jonathan Greensmith was really helpful when I went through the assessment process, so you may want to contact him to understand how to proceed: https://keystonelaw.co.uk/lawyers/jonathan-greensmith
0
reply
adz86
Badges: 9
Rep:
?
#8
Report 1 month ago
#8
(Original post by bea719)
Hi Thanks for your advice

Can you elaborate on your own experiences? What kind of issues where you disclosing in respect of your application? What was the response from the SRA? Also, do you know how much Mr Greensmith charges per hour?
My situation was more clear cut in that I have a criminal conviction so the need to disclose and seek advance clearance was obvious. Fortunately I was assessed as being suitable to enter the profession and landed a TC too, so these issues are not am absolute barrier to entry.

I dealt with him in 2017 so his fees may have changed by now-a quick call should help clarify and enable the two of you to understand whether it would worth instructing him before you incur any fees.
Posted on the TSR App. Download from Apple or Google Play
0
reply
flatlined
Badges: 11
Rep:
?
#9
Report 1 month ago
#9
Don't waste your money on a lawyer and ignore the above. You have nothing a DBS would disclose, don't worry about this. There is no record of this and the SRA can never find out. Spending a grand on a lawyer to become a lawyer. Heh.
0
reply
adz86
Badges: 9
Rep:
?
#10
Report 1 month ago
#10
(Original post by flatlined)
Don't waste your money on a lawyer and ignore the above. You have nothing a DBS would disclose, don't worry about this. There is no record of this and the SRA can never find out. Spending a grand on a lawyer to become a lawyer. Heh.
So potentially admitting to insurance fraud in writing is nothing to worry about-do expand on your point.

Do you have any experience with the SRA character and suitability assessment process?
Posted on the TSR App. Download from Apple or Google Play
0
reply
flatlined
Badges: 11
Rep:
?
#11
Report 1 month ago
#11
(Original post by adz86)
So potentially admitting to insurance fraud in writing is nothing to worry about-do expand on your point.

Do you have any experience with the SRA character and suitability assessment process?
I'm a solicitor. He can go speak to the SRA about it if he wishes, but it remains the case that they can't find out about it. It is a private dispute between himself and a private company. PRIVATE.

What's more dishonest is lying and exaggerating about things you know didn't happen like the OP carte blanche admitting to insurance fraud and sort of insinuating that there might be a trace of it on a public record.
0
reply
adz86
Badges: 9
Rep:
?
#12
Report 1 month ago
#12
(Original post by flatlined)
I'm a solicitor. He can go speak to the SRA about it if he wishes, but it remains the case that they can't find out about it. It is a private dispute between himself and a private company. PRIVATE.

What's more dishonest is lying and exaggerating about things you know didn't happen like the OP carte blanche admitting to insurance fraud and sort of insinuating that there might be a trace of it on a public record.
Again, do you have any experience with this process other than sending off a form before you started your TC?

1. SRA will not be drawn into an answer and will more than likely advise disclosure. I know this from my own experience and that of others. If you’re a professional regulatory solicitor, I’ll bow to your undoubtedly greater experience.

2. No where did I suggest it was a matter of public record but just because it is private doesn’t mean it may not come to light. Stranger things have happened than an anonymous tip about a lawyer admitting to dishonest behaviour.

3. A mere conversation (without being charged-I didn’t want to mention this but the advice I received from the recommended lawyer was free and extremely insightful) with an lawyer experienced in the area is far more reassuring than a couple of posts by those with none, wouldn’t you agree?
Posted on the TSR App. Download from Apple or Google Play
0
reply
flatlined
Badges: 11
Rep:
?
#13
Report 1 month ago
#13
(Original post by adz86)
Again, do you have any experience with this process other than sending off a form before you started your TC?

1. SRA will not be drawn into an answer and will more than likely advise disclosure. I know this from my own experience and that of others. If you’re a professional regulatory solicitor, I’ll bow to your undoubtedly greater experience.

2. No where did I suggest it was a matter of public record but just because it is private doesn’t mean it may not come to light. Stranger things have happened than an anonymous tip about a lawyer admitting to dishonest behaviour.

3. A mere conversation (without being charged-I didn’t want to mention this but the advice I received from the recommended lawyer was free and extremely insightful) with an lawyer experienced in the area is far more reassuring than a couple of posts by those with none, wouldn’t you agree?
This is a waste of my time. The SRA cannot find out about it and the discussion here is based mostly on ignorance. All that happens is they rely on the basic DBS checks. There is no process, they are not detectives. In any event, there is nothing to find out about - there was a private dispute which didn't go anywhere near court and which went away; it's not relevant. The OP never even carte blanche admitted any dishonesty. The whole thing is ridiculous and advising him to speak to a solicitor (who of course will offer "free" advice in the first instance to rope the OP in) is absurd.

Aside from wasting my time, the OP's time, the only reason I bothered with you is because school and university students are very ignorant of the real world. That's apparent from the above. They don't understand what checks are undertaken and worry themselves into a panic about nothing.
0
reply
adz86
Badges: 9
Rep:
?
#14
Report 1 month ago
#14
(Original post by flatlined)
This is a waste of my time. The SRA cannot find out about it and the discussion here is based mostly on ignorance. All that happens is they rely on the basic DBS checks. There is no process, they are not detectives. In any event, there is nothing to find out about - there was a private dispute which didn't go anywhere near court and which went away; it's not relevant. The OP never even carte blanche admitted any dishonesty. The whole thing is ridiculous and advising him to speak to a solicitor (who of course will offer "free" advice in the first instance to rope the OP in) is absurd.

Aside from wasting my time, the OP's time, the only reason I bothered with you is because school and university students are very ignorant of the real world. That's apparent from the above. They don't understand what checks are undertaken and worry themselves into a panic about nothing.
You are helping perpetuate that ignorance too and your advice is down right negligent because you appear to have zero knowledge of the SRA’s character and suitability test. Your advice basically states ‘unless it’s a matter of public record, don’t worry about it’, which is wholly incorrect so recognise when you don’t have the requisite knowledge to comment.

Section 3 of the test asks whether you have you ever been responsible for dishonest behaviour which differs Section 1, which asks about criminal offences including dishonesty. Now before you get all ‘public record’ on men, section 4 covers assessment offences which is not a matter of public record, which means issues not compatible with the test need to be declared regardless of whether they are on a record. Granted, as I outlined above, the risk of somebody disclosing this to the SRA is slim (not a detective) but the consequences that could result if it is reported could be severe, hence the suggestion to have a conversation with somebody far more knowledgeable on the matter than you and I. Rounding off, I have no incentive to ‘rope’ the individuals in and merely stated that I had spoken to the lawyer recommended without being charged.
Posted on the TSR App. Download from Apple or Google Play
0
reply
flatlined
Badges: 11
Rep:
?
#15
Report 1 month ago
#15
I have a very good understanding of what the SRA require and this is not material. You were convicted of a criminal offence, spent 1 or 2k on legal advice and now you think you’re an expert. This is a private dispute which never went anywhere near a court. It’s insane. I have a colleague who was banned from UberEats and Deliveroo because he got so annoyed with them messing up his order he lost it. Gosh, did he self report to the SRA? Deliveroo didn’t believe him and thought he was lying to get free food. I can give you thousands of examples like this.

We all have these private disputes (I had one last year over a few grand on something unrelated) as we become adults and start living in the real world. One day you’ll get there.
(Original post by adz86)
You are helping perpetuate that ignorance too and your advice is down right negligent because you appear to have zero knowledge of the SRA’s character and suitability test. Your advice basically states ‘unless it’s a matter of public record, don’t worry about it’, which is wholly incorrect so recognise when you don’t have the requisite knowledge to comment.

Section 3 of the test asks whether you have you ever been responsible for dishonest behaviour which differs Section 1, which asks about criminal offences including dishonesty. Now before you get all ‘public record’ on men, section 4 covers assessment offences which is not a matter of public record, which means issues not compatible with the test need to be declared regardless of whether they are on a record. Granted, as I outlined above, the risk of somebody disclosing this to the SRA is slim (not a detective) but the consequences that could result if it is reported could be severe, hence the suggestion to have a conversation with somebody far more knowledgeable on the matter than you and I. Rounding off, I have no incentive to ‘rope’ the individuals in and merely stated that I had spoken to the lawyer recommended without being charged.
Last edited by flatlined; 1 month ago
0
reply
sillybillydilly
Badges: 4
Rep:
?
#16
Report 1 month ago
#16
Hi all

Does anyone have any comments on my situation

I was deemed to have committed a academic offence ( References got mixed up with a friend) and we both submitted the same . They where more his than mine, so rather than both of us take the hit . I said i was in the wrong

-I had medical evidence suggesting i was suffering from confusion from a medical illness
- I requested a extension prior to the work was submitted
- I was remorseful etc
- I went to see a educatioal phychologist after all this and have a report from them

Its been a few years since it happened and me and the friend don't talk anymore.

I now want to apply for a Training contract , i am thinking of doing the pre test to see if i would be suitable

I have 2 professional referees who i work with now who i had to tell about my situation ( very embarrassing) they have said they will vouch for my credibility.

I have to show i have changed?

Anyone been down this , would love to have a chat.

I do this my case is strong and i have done qualifications after that, but you never know with these things

Any advice would be appreciated.
0
reply
Avril_92
Badges: 3
Rep:
?
#17
Report 1 month ago
#17
I think the general principle should be - if your issue was officially recorded and there's a possibility of disclosure than pre-empt and disclose first - for anything else then certainly don't be overly pro-active.
(Original post by sillybillydilly)
Hi all

Does anyone have any comments on my situation

I was deemed to have committed a academic offence ( References got mixed up with a friend) and we both submitted the same . They where more his than mine, so rather than both of us take the hit . I said i was in the wrong

-I had medical evidence suggesting i was suffering from confusion from a medical illness
- I requested a extension prior to the work was submitted
- I was remorseful etc
- I went to see a educatioal phychologist after all this and have a report from them

Its been a few years since it happened and me and the friend don't talk anymore.

I now want to apply for a Training contract , i am thinking of doing the pre test to see if i would be suitable

I have 2 professional referees who i work with now who i had to tell about my situation ( very embarrassing) they have said they will vouch for my credibility.

I have to show i have changed?

Anyone been down this , would love to have a chat.

I do this my case is strong and i have done qualifications after that, but you never know with these things

Any advice would be appreciated.
0
reply
nulli tertius
Badges: 21
Rep:
?
#18
Report 4 weeks ago
#18
(Original post by bea719)
Yes, my statement did contain a suggestion of dishonesty and an apology. In the first instance, I wasn't entirely honest. Once I realized I had made a mistake I provided the correct statement and apologized for my actions immediately and withdrew the claim.

It was foolish and completely out of character for me and the only bad thing I've ever done and I've regretted it ever since. But following my retraction of the claim and my statement to the company I didn't hear from them again. I don't know if insurance etc is the kind of thing the SRA investigate as part of an application or whether the company in question has taken it any further because of their lack of contact following the incident.
I am sorry I have come late to this thread. I am a solicitor who has dealt with conduct and suitability issues for my staff. Flatlined’s suggestions worry me.

The key first step for you is to do a Subject Access Request to the Insurance Fraud Register to find out if you are on it.

If you are, then even though today the SRA would not have direct access to this material, it is out there and you cannot predict whether access would be made available to say the DBS or professional regulators before you qualify. At some time you are going to be named on someone’s professional indemnity insurance or named on a conveyancing panel application (some panels want names of all solicitors in a firm, not just conveyances) and it would be bloody embarrassing if you turn out to be a problem. I would definitely disclose.

If you are not on it, that is more of a judgment call
. The probability is there is no surviving record of the event. If you don’t disclose, you will need to lock this away and not mention it to mates, wife etc because of the possibility that someone will turn on you potentially many years later. Secrets have to be kept secret. You may consider that you will sleep better at night if you disclose.
Posted on the TSR App. Download from Apple or Google Play
0
reply
flatlined
Badges: 11
Rep:
?
#19
Report 3 weeks ago
#19
off your trolley.
(Original post by nulli tertius)
I am sorry I have come late to this thread. I am a solicitor who has dealt with conduct and suitability issues for my staff. Flatlined’s suggestions worry me.

The key first step for you is to do a Subject Access Request to the Insurance Fraud Register to find out if you are on it.

If you are, then even though today the SRA would not have direct access to this material, it is out there and you cannot predict whether access would be made available to say the DBS or professional regulators before you qualify. At some time you are going to be named on someone’s professional indemnity insurance or named on a conveyancing panel application (some panels want names of all solicitors in a firm, not just conveyances) and it would be bloody embarrassing if you turn out to be a problem. I would definitely disclose.

If you are not on it, that is more of a judgment call
. The probability is there is no surviving record of the event. If you don’t disclose, you will need to lock this away and not mention it to mates, wife etc because of the possibility that someone will turn on you potentially many years later. Secrets have to be kept secret. You may consider that you will sleep better at night if you disclose.
0
reply
X

Quick Reply

Attached files
Write a reply...
Reply
new posts
Latest
My Feed

See more of what you like on
The Student Room

You can personalise what you see on TSR. Tell us a little about yourself to get started.

Personalise

Are you tempted to change your firm university choice on A-level results day?

Yes, I'll try and go to a uni higher up the league tables (151)
17.79%
Yes, there is a uni that I prefer and I'll fit in better (75)
8.83%
No I am happy with my course choice (502)
59.13%
I'm using Clearing when I have my exam results (121)
14.25%

Watched Threads

View All