Solicitor Kerr Clement fined in SRA breach case settled by agreed outcome

Case resolved by agreed outcome after SRA found solicitor breached professional standards

Kerr Clement, a practising solicitor, has been fined after admitting to breaches of the SRA Principles 2011 and Code of Conduct 2011. The case was resolved through an Agreed Outcome, avoiding a contested tribunal hearing.

The Solicitors Regulation Authority (SRA) alleged that Mr Clement failed to uphold required professional standards, breaching specific rules set out in the Code of Conduct and SRA Principles. While the precise factual details of the misconduct were not disclosed in the public summary, the regulatory breaches were deemed serious enough to warrant formal sanction.

By agreeing to the outcome, Mr Clement accepted responsibility for the failings and avoided the risks and costs of a full hearing before the Solicitors Disciplinary Tribunal (SDT). Such resolutions are typically reached when both the SRA and the respondent solicitor agree on the facts, the breaches, and the appropriate sanction.

The Agreed Outcome procedure is designed to expedite cases where the evidence is clear, and the solicitor is prepared to make admissions. It also allows for a penalty to be imposed without the delays associated with a formal hearing. In this case, the SRA determined that a financial penalty was proportionate, reflecting the seriousness of the misconduct while taking into account mitigating factors.

Under the SRA Principles 2011, solicitors must act with integrity, maintain public trust in the profession, and behave in a way that upholds the rule of law and proper administration of justice. The Code of Conduct 2011 sets out the expected professional behaviours in more detail, requiring solicitors to act in their clients’ best interests, provide services competently, and manage their business affairs responsibly.

While the SRA did not allege dishonesty in this case, any breach of these standards is viewed as a significant regulatory concern. Even without direct financial loss to clients, failures to follow the rules can damage public confidence in the legal profession.

The decision to impose a fine signals the SRA’s ongoing commitment to holding solicitors accountable for lapses in professional conduct, regardless of whether harm to clients is proven. It also reflects the regulator’s focus on upholding ethical and procedural standards across the profession.

Cases resolved in this way remain on the public record, serving as a permanent reminder of the importance of compliance. For Mr Clement, the fine marks a regulatory conclusion to the matter, but it will also be recorded in the SRA’s disciplinary history and may be considered in any future regulatory assessment.

For other solicitors, this case underlines the importance of strict adherence to the SRA Principles and Code of Conduct. Even unintentional failings can result in formal penalties, and the SRA has made clear it will act to protect the reputation of the profession.

The exact amount of the fine was not disclosed in the public summary at the time of publication. However, in determining penalties, the SRA considers factors including the nature and gravity of the breaches, the solicitor’s level of culpability, any previous disciplinary history, and mitigating or aggravating circumstances.

This outcome reinforces the SRA’s stance: professional standards are non-negotiable, and those who fail to meet them will face regulatory action.