Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether she will have discussions with the Solicitors Regulation Authority on standards of ethical behaviour of (a) solicitors’ and (b) barristers’ during (i) police interviews and (ii) court proceedings.

The legal profession and regulation of the profession in England and Wales operates independently of government. This framework is set out in the Legal Services Act 2007. Regulation of the sector is carried out by independent regulators, overseen by the Legal Services Board (LSB). The Solicitors Regulation Authority (SRA) is responsible for regulating the professional conduct of solicitors and law firms in England and Wales, while the Bar Standards Board (BSB) regulates barristers.

An independent legal services sector is a pillar of the rule of law. Accordingly, it would not be appropriate for ministers or their officials to seek to influence how individual solicitors or barristers are regulated.

Nevertheless, while ministers do not play any role in individual disciplinary matters, the Ministry of Justice maintains regular dialogue with the legal regulators in respect of their statutory functions. This ensures that regulatory independence is respected while also supporting the wider objective of protecting consumers and maintaining public confidence in the justice system.

Solicitors advising clients during police interviews or throughout court proceedings are bound by professional duties, as set out in the SRA’s Code of Conduct. Barristers are bound by the BSB Handbook, which requires them to act with honesty, integrity, and independence. Both regulators have powers to investigate allegations of professional misconduct and to take disciplinary action where necessary. For solicitors, this includes sanctions such as fines or referral to the Solicitors Disciplinary Tribunal, which can suspend or strike a solicitor off the roll. The BSB can refer cases of professional misconduct to the independent Bar Tribunals and Adjudication Service, whose Disciplinary Tribunal has powers to impose sanctions, including suspension or disbarment.