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Legal

The documentation disaster: partial records, missing systems, and the risk to law firms

In Episode 4, we explored the human cost of compliance - the stress and pressure placed on COLPs.

Now we turn to something equally critical, but often overlooked:

Documentation.

Because according to the SRA:

If it isn’t written down, it didn’t happen.

And the findings from the 2025 thematic review reveal a worrying trend across law firms:

  • Incomplete records
  • Missing systems
  • Limited verification
  • Poor oversight

Together, these don’t just weaken compliance - they actively create evidence of failure.

Compliance Risk & Compliance Software Compliance & Risk Management
5 min
Brian Rogers

by Brian Rogers

Regulatory Director

Posted 27/03/2026 | Updated 20/05/2026

The headline finding: 41% of firms had incomplete records

The SRA examined 25 firms and found that:

41% maintained only partial breach records.

In many cases, these records lacked:

  • The circumstances of the breach
  • The rationale behind decisions
  • Details of remedial action
  • Any assessment of risk or seriousness

This isn’t just poor administration.
It means firms are unable to justify their decisions if challenged by the regulator.

Why documentation is fundamental to compliance

Documentation is not a box‑ticking exercise. It underpins:

  • Regulatory defence
  • Risk management
  • Accountability
  • Transparency

Without full records, firms cannot:

  • Demonstrate compliance
  • Show reasoning behind decisions
  • Identify trends or patterns
  • Learn from past mistakes

In short: no records = no protection.

The missing systems problem

The SRA also found structural failures in how firms store and manage compliance data:

  • 11% of firms had no system at all for storing reports
  • 17% had no internal reporting policy
  • Some relied on scattered emails or inconsistent folders

This raises a fundamental question:

What is the point of documenting breaches… if you can’t retrieve or evidence them?

In today’s environment, where technology is widely available, this is not just surprising - it’s avoidable.

The verification gap: trust without testing

One of the most dangerous findings is what Brian calls the “verification vacuum.”

  • 11% of firms had no process to check staff compliance with policies
  • Yet 94% of firms had office manuals in place

The result?

Policies exist - but nobody checks whether they are followed.

Many firms rely heavily on trust.

But as experience shows, trust without verification creates risk.

Without proper controls:

  • Errors go undetected
  • Misconduct can develop
  • Breaches can become systemic

In extreme cases, unchecked trust can lead to serious financial misconduct.

File reviews: a missed opportunity

File reviews are one of the most effective tools for monitoring compliance.

The SRA found:

  • 83% of firms conduct file reviews
  • But many are ad hoc and inconsistent, not systematic

This creates a missed opportunity.

Done properly, file reviews can:

  • Identify emerging risks
  • Highlight training needs
  • Detect compliance breaches early
  • Improve supervision

But when treated as a tick‑box exercise, their value is lost.

When systems exist but aren’t used

Another critical issue is under‑utilisation of existing systems.

Many firms have:

Yet in practice:

  • Fields are incomplete
  • Processes are bypassed
  • Systems are used only partially

This creates a false sense of security.

Having a system is not enough.

Compliance depends on how well systems are used, not whether they exist.

Training and competence failures

The documentation problem extends into training and competence:

  • 19% of COLPs had no learning and development records
  • Only 44% could evidence compliance training in the past year
  • 25% had no compliance training at all in 12 months 

This raises a critical issue:

How can firms demonstrate competence without documented training?

The SRA expects evidence - not assumptions.

And without records, firms cannot:

  • Prove ongoing competence
  • Support practising certificate declarations

Evidence compliance with training requirements

The risk: from weak records to regulatory action

Poor documentation has real consequences.

When records are incomplete or inconsistent, firms risk:

  • Failing SRA audits
  • Inability to justify decisions
  • Increased likelihood of enforcement action
  • Professional indemnity exposure
  • Reputational damage

As Brian summarises:

This isn’t compliance - it’s a paper trail of negligence waiting to be discovered.

A wider issue: intelligence and oversight

Interestingly, the issue is not limited to firms.

The review also highlights a gap at regulatory level:

  • The SRA identified 1,377 internal reports across firms
  • Only 9 were reported externally
  • But the regulator does not maintain centralised records of breaches

This raises questions about:

  • How trends are identified
  • How intelligence is used
  • Whether systemic risks are fully understood

The bigger picture: compliance without evidence

Episode 5 reveals a core truth:

Compliance without documentation is not compliance.

Across the series so far, we’ve seen:

  • A role nobody wants
  • A lack of knowledge
  • A lack of time
  • A mental health crisis
  • And now, a failure to evidence compliance itself

This is not a series of isolated gaps.

It is a system under strain.

Final Thoughts

Documentation is often seen as administrative.
In reality, it is the foundation of compliance.

Without it, firms are exposed.

Because when the SRA asks:

  • What happened?
  • Why did it happen?
  • What did you do about it?

The only acceptable answer is not:

“It’s in someone’s head.”

It’s:

“Here is the evidence.”

Next Episode: The Succession Crisis

In Episode 6, we explore:

“The Succession Crisis – When Your COLP Leaves Tomorrow”

We’ll cover:

  • Why 44% of firms have no deputy
  • The risks of sudden departures
  • Why succession planning is failing
  • What happens when nobody wants the role
Brian Rogers

By Brian Rogers

Regulatory Director

Brian Rogers FCMI has been supporting regulated legal entities to meet their regulatory, compliance and accreditation obligations for over 30 years, in areas such as risk, regulation, compliance, data protection and anti-money laundering.  

Brian created the Access Legal Compliance system (previously known as Riliance) after having worked in legal practice management for more than 20 years.  

Brian now shares his knowledge and experience in a monthly legal risk and compliance update webinar that is attended by more than 2,000 legal professionals each month who find the updates provided invaluable in remaining compliant in the ever-changing legal regulatory landscape.