Representation at Interviews
SRA interviews can arise during the course of an investigation if the Forensic Investigator asks to interview you. This can be with or without notice. If you are going to be interviewed, you should take advice immediately. It is often preferable to have representation.
The fact that the SRA is looking to interview you is indicative that they believe serious misconduct has occurred. Any interview is likely to be taped or at least dealt with by way of contemporaneous notes. The way in which an interview is conducted will often have consequences for the SRA’s investigation and any disciplinary proceedings which may follow.
Can I Refuse to be Interviewed
The SRA does not have the power of arrest so they cannot force you to be interviewed or even continue asking you questions should you initially agree to be interviewed. However, you have a duty to cooperate with the SRA and a refusal to answer questions can result in disciplinary action being taken in addition to the issues that the SRA was initially investigating.
In certain circumstances (such as you not being well enough to be interviewed), it may be open for you to ask the SRA if the interview can be conducted in writing. This means that the investigator would write to you and you would have the opportunity to consider your reply. However, the SRA does not have an obligation to deal with an interview in this way and, if this is something you are considering broaching with the SRA, you should seek advice first.
What Will Happen After I am Interviewed?
After you have been interviewed, the Forensic Investigator will prepare a report which will be passed to a supervisor at the SRA to consider whether or not any misconduct has occurred. If the supervisor decides that there has been misconduct, you will receive an Explanation With Warnings Letter, to which you will need to respond.
Get in touch
If you would like to speak to one of our SRA regulatory solicitors in strict confidence regarding allegations of solicitor dishonesty then please:
- Request a free call back using the form on this page
- Phone us during office hours on 0333 888 4040
- Email us at firstname.lastname@example.org
What we do...
Our experienced SRA Solicitors can help you if you are due to be interviewed by the S. Our services include:
Attending the interview with you;
Advising you over the telephone during the interview process;
Asking the SRA to consider reducing their questions to writing and responding on your behalf to those questions;
Responding to an EWW letter;
Reviewing any Forensic Investigation Report you may receive.