You are here:
  1. Home
  2. Support services
  3. Advice
  4. Practice notes
  5. Outcomes-focused regulation: overview

Outcomes-focused regulation: overview

23 April 2018

This practice note includes detailed advice on:

  • Outcomes-focused regulation, providing an overview of what it is.
  • The issues practitioners may wish to consider in light of its implementation.

Legal status

This practice note is the Law Society's view of good practice in this area. It is not legal advice.

Practice notes are issued by the Law Society for the use and benefit of its members. They represent the Law Society's view of good practice in a particular area. They are not intended to be the only standard of good practice that solicitors can follow. You are not required to follow them, but doing so will make it easier to account to oversight bodies for your actions.

Practice notes are not legal advice, nor do they necessarily provide a defence to complaints of misconduct or of inadequate professional service. While care has been taken to ensure that they are accurate, up-to-date and useful, the Law Society will not accept any legal liability in relation to them.

For queries or comments on this practice note, please contact the Law Society's Practice Advice Service.

Professional conduct

This practice note provides an overview of OFR and therefore all parts of the SRA’s Code of Conduct are relevant. However, the following sections of the SRA Code of Conduct are of particular interest:

SRA principles

There are 10 mandatory principles which apply to all those the SRA regulates, and to all aspects of practice. The principles can be found in the SRA Code of Conduct which is updated online on a regular basis.

The principles apply to solicitors or managers of authorised bodies who are practising from an office outside the UK. They also apply if you are a lawyer-controlled body practising from an office outside the UK.

Terminology

Must - A specific requirement in legislation or of a principle, rule, outcome or other mandatory provision in the SRA Code of Conduct. You must comply, unless there are specific exemptions or defences provided for in relevant legislation or the SRA Code of Conduct.

Should - Outside of a regulatory context, good practice for most situations in the Law Society's view. In the case of the SRA Code of Conduct, an indicative behaviour or other non-mandatory provision (such as may be set out in notes or guidance).

These may not be the only means of complying with legislative or regulatory requirements and there may be situations where the suggested route is not the best possible route to meet the needs of your client. However, if you do not follow the suggested route, you should be able to justify to oversight bodies why the alternative approach you have taken is appropriate, either for your practice, or in the particular retainer.

May - A non-exhaustive list of options for meeting your obligations or running your practice. Which option you choose is determined by the profile of the individual practice, client or retainer. You may be required to justify why this was an appropriate option to oversight bodies.

SRA Code - SRA Code of Conduct 2011

OFR - Outcomes-focused regulation

SRA - Solicitors Regulation Authority

IB - Indicative behaviour

The Law Society also provides a full glossary of other terms used throughout this practice note

Sign In or Register

This is premium content

To access premium content login to My Law Society.

Not registered? My Law Society is free and open to all users. Register below.

Not registered?

Registration is free and will only take a couple of minutes.

If you are a member of The Law Society you can use your MySRA account details to register.

Register
Update your contact preferences

Update your details in My Law Society and tell us how you want to hear from us.

Practice Advice Service

The Practice Advice Service provides a dedicated support line for Law Society members and employees of law firms. Call us on 020 7320 5675.

> Contact the Practice Advice Service
Previous versions

Previous versions of this page are available below:

Recommended

People in crowd
Sisters In Law

A debate on self-identity in the workplace and beyond.

Sisters In Law > More
Justice Week
Ethical Obligations of Lawyers During Major Incidents

Join us to explore the ethical obligations of lawyers during major events such as the Grenfell Tower disaster and terrorist attacks.

Ethical Obligations of Lawyers During Major Incidents > More
Fingerprint and magnifying glass
Anti-money laundering conference 2018

The latest in AML and financial crime from experts in the field

Anti-money laundering conference 2018 > More
LGBT flag
Religion and LGBT+ rights

For Inter Faith Week, a panel discussion on the interaction between religion and LGBT+ rights, and the legal position.

Religion and LGBT+ rights > More
Lexcel Accreditation
Lexcel

The Law Society's quality mark for any practice that can demonstrate excellence in legal practice management and client care.

Lexcel > More