The detailed questioning, followed by at times jaw-dropping answers, revealed a deeper problem: an inherent absence of solicitor competence, integrity and professionalism among a handful of solicitors.

Many lawyers, both inhouse and in private practice, were involved in various degrees in the wrongful prosecution of sub-postmasters and mistresses (SPMs). To date, there are at least 20 ongoing SRA investigations into individual solicitors and law firms who worked on behalf of the Post Office/Royal Mail Group.

The SRA has now said, unsurprisingly, that the scale of the issues and the documentation it is dealing with is “unprecedented”. In its latest statement on the matter (February 2025) the SRA said it is “liaising closely with [the inquiry] to collect all relevant evidence, and with the police to understand what, if any action they might take”.

It says it will take action as soon as it can, and hopes to begin prosecutions this summer. No doubt there is a small handful of solicitors (or former solicitors) who are fearing what action will be taken against them.

As SRA Chief Executive Paul Philip has said: “Though the range of issues we are investigating is complex, the fundamentals are simple. The public expect solicitors to behave ethically. They must act independently and do the right thing in the interests of justice.”

A timely reminder

In reality, the vast majority of solicitors are of the utmost integrity and perform their professional duties ethically and in accordance with their regulatory obligations. If it takes a scandal such as the Post Office inquiry or, for example, the Axion scandal - to reinforce to solicitors the need to remain competent and act ethically, that is not a bad thing for the profession.

Continuing competence has, of course, been under the regulators’ microscope for some time now. Back in early 2023, the SRA promised to crack down robustly where solicitors were found to be failing to maintain their continuing professional competence. Then last summer, the SRA reported an increase in the number of complaints from members of the public – particularly in relation to family and landlord and tenant law. Concerningly, some of those referenced a lack of legal knowledge or process.

It’s a reminder that all solicitors, whether newly qualified or highly experienced, are required annually to complete a statement confirming they have met the regulator’s continuing competence requirements. It is for individuals to take responsibility for keeping their knowledge and skills up to date, and is not prescriptive – which leaves the requirement vulnerable to solicitors not, in practice, taking responsibility.

But competence is not the same as ethical. Unethical conduct will frequently breach a solicitor’s obligation under the Code of Practice, but not in every circumstance: it can be a very fine line.

The SRA is, though much maligned by many, serious about both present and past failings – regulatory breaches and unethical behaviour – on the part of solicitors. It will take enforcement action when it considers necessary.