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Solicitors’ letters regarding ‘mask discrimination’

We are aware that practices are being contacted by solicitors’ firms seeking damages for patients for “discrimination in relation to mask wearing and access to care”. The following advice may be helpful for practices in order to identify the reasonableness of such claims:

1. Check the solicitor/firm is real using the Solicitors Regulation Authority (SRA) website.
2. The SRA’s “scam alerts” for the public and businesses are also helpful.
3. Report the matter directly to the SRA if you think a firm or anyone regulated by the SRA has breached an SRA Principle. There are seven Principles that all people and law firms regulated by SRA must meet. This means that they must act:
• in a way that upholds the constitutional principle of the rule of law, and the proper administration of justice
• in a way that upholds public trust and confidence in the solicitors' profession and in legal services provided by authorised persons
• with independence
• with honesty
• with integrity
• in a way that encourages equality, diversity and inclusion
• in the best interests of each client.
4. There are two Codes of Conduct which outline the professional standards expected. The first Code of Conduct is for regulated solicitors, and lawyers from overseas. The second Code of Conduct is for regulated firms. This sets out requirements for those firms, the people who manage them, and other employees who work in them.
5. Should you wish to report the solicitor or firm to the SRA, instructions on how to do this are here. When reporting: set out your concerns clearly, identify individuals you consider responsible, attach any evidence you have in support. Complete a report form and send to report@sra.org.uk.
6. For guidance on the complaints process, call the SRA contact centre. They cannot provide advice about your issue, but can point you in the right direction.

The following resources may also be helpful:

• Misconduct notes.
• Unsolicited approaches
• Personal injury (possible parallels here)

Last updated : 12 Jul 2021

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