This is a topical issue and the SRA themselves have warned about bogus firms of solicitors setting up.
They have also warned that law firms could be held liable for losses caused by a fraudster stealing their identity, even when they are innocent victims.
The legal profession in England & Wales is governed by the Solicitors Regulation Authority (SRA) who are primarily responsible for monitoring the conduct of solicitors.
Before I discuss in detail some of the checks you should include in your investigations, let's look at some terminology.
An ‘Abagado’ is a Spanish lawyer and the term derives from the Latin advocatus but unless they have sat various transfer exams they are not entitled to practise as solicitors in the courts of England and Wales.
‘Barristers’ specialise in courtroom advocacy, draft legal pleadings and give expert legal opinions.
‘Debt Collection Agency’ Usually not run by solicitors but usually licensed by the Office of Fair Trading. They can chase debtors but are not permitted to conduct litigation in the English courts.
‘Lawyer’ is a blanket term to describe abogado, solicitor, or barrister.
A ‘Solicitor’ is a lawyer who traditionally deals with any legal matter including conducting proceedings in courts. Since the replacement of the House of Lords with the Supreme Court the full title of a solicitor is now "Solicitor of the Senior Courts of England and Wales".
Summary Tips:-
-Ask for the Solicitor's roll number. This is given to each solicitor and is an individual number and if in doubt contact the Law Society or the SRA.
-Ask to see the individual's Practising Certificate.
-Log on to the Law Society website and use there search engine "Find a Solicitor" which enables you to search against a name of the individual claiming to be a solicitor or the firm name.
-If the name does not appear, call the Law Society or SRA and ask to speak to the records department.
Jeremy Andrew Boyle (Roll number 159785) is a Solicitor of the Supreme Court of England & Wales and the founding partner of Welbeck Law LLP (SRA number 486396)
www.welbecklawllp.co.uk