The Solicitors Regulation Authority (SRA) has yesterday issued guidance to clarify its position on “sham litigation,” which refers to legal proceedings that are initiated or maintained with the intention of deceiving the court or others, often to achieve an improper or dishonest outcome. The guidance outlines key points for solicitors to consider in ensuring their practices are compliant with legal and ethical standards.
Key aspects of the SRA’s guidance:
- Definition of Sham Litigation: Sham litigation involves cases where legal actions are pursued without a genuine basis or where the proceedings are manipulated to mislead the court. This could include making false claims or using litigation for fraudulent purposes.
- Solicitor’s Responsibilities: Solicitors are prohibited from engaging in or facilitating sham litigation. They must ensure that any claims they support are based on truthful and accurate information. Solicitors should not assist clients in fabricating or misrepresenting facts to the court.
- Duty to the Court: Solicitors have a duty to act in the best interests of their clients but also must balance this with their duty to the court and to the administration of justice. They should not knowingly assist in misleading the court or engage in conduct that would undermine public confidence in the legal system.
- Consequences of Involvement: Involvement in sham litigation could lead to disciplinary action by the SRA, including potential sanctions or even disqualification from practice. The SRA stresses the importance of acting in line with professional standards and regulations to maintain the integrity of the legal process.
- Risk Management: The SRA encourages solicitors to apply due diligence, particularly in circumstances where the facts or the client’s motivations may raise doubts. If a solicitor suspects sham litigation, they should take appropriate steps, which may include advising the client to abandon the matter or ceasing to act if necessary.
The guidance emphasizes the importance of maintaining professional conduct and integrity, ensuring that legal practitioners do not engage in actions that could distort or undermine the fairness of legal proceedings.
For more details, you can access the full SRA guidance here: Sham Litigation Guidance.
