Some Post Office-related disciplinary cases could be brought against solicitors before the statutory inquiry publishes its final report, it has emerged.
The Solicitors Regulation Authority noted in its board papers for February’s meeting that enforcement action is likely to be sooner in relation to issues that have arisen during and since the inquiry.
Until now, the SRA has consistently stated that any potential misconduct relating to the Post Office Horizon IT scandal itself would be brought after the publication of inquiry chair Sir Wyn Williams’ report, due later this year. Investigations have continued in the background but it was felt that any SRA action could risk prejudicing the inquiry’s findings or any criminal, prosecutions it triggers.
But that does not preclude cases being brought sooner which are unrelated to the Horizon scandal itself.
The papers added: ‘Post scandal cases relate to conduct post-dating prosecutions of sub postmasters, the emergence of the scandal and the announcement of the inquiry. These do not touch on the issues the Post Office Inquiry is addressing, and our assessment is that these cases are also not likely to be affected by criminal investigation.
‘Our investigations in this area are progressing, and we anticipate being able to take enforcement action more swiftly in these cases.’
The SRA has not revealed the type of conduct that could be under investigation relating to post-scandal cases, but it could involve any solicitors who did not cooperate or engage with the inquiry when they were asked to give evidence.
The regulator has also been alerted by the Horizon Compensatory Advisory Board to potential areas of abuse around the charging practices of solicitors representing some sub-postmaster victims during the compensation process.
Although most lawyers doing this work are not charging their clients, there have been reports of inappropriate charging.
Last summer, the SRA said: ‘We have asked any subpostmasters concerned about fees charged for legal services, including in relation to the compensation scheme or other representation relating to the Horizon Post Office scandal, to let us know. Any concerns will be investigated, and if we believe solicitors have fallen below the standards expected of them, we will take action.’
