A solicitor who misled her client about being suspended by her firm has avoided a permanent ban from the profession despite admitting dishonesty.
In an agreed outcome with Jane Stark, admitted in 2006, the Solicitors Regulation Authority said that exceptional circumstances meant that the case did not require a strike-off. The outcome was approved last month by the Solicitors Disciplinary Tribunal, which accepted that the incident had been a ‘moment of madness’ in an otherwise unblemished career.
Stark was suspended from practice for six months and indefinite conditions placed on her practising certificate.
The tribunal heard that Stark had been suspended by Oldham firm North Ainley Solicitors in 2020 pending an internal disciplinary hearing. Proceedings had been commenced by her firm over allegations that Stark and a colleague had breached clauses in her contract of employment by setting up another limited company to practise law.
But, two days into her suspension, Stark emailed solicitors acting for the other party in a property refinancing matter. She falsely stated that she was having server issues and could not log onto her work email, and invited the solicitors to respond to her personal email.
When the matter was brought to her firm’s attention, Stark explained she had a completion due that day and she was concerned that the client might be found in default without her intervention. She was dismissed and reported to the SRA.
The tribunal heard evidence about Stark’s medical condition at the time, as well as mitigation explaining in detail the reasons for her misconduct. Stark said she had no financial interest in the deal but acted solely to protect clients’ interests. There was no harm caused and the conduct was momentary, with immediate admissions made to her firm and the SRA.
The tribunal accepted that Stark had been dishonest but said her case fell in the ‘small residual category where striking off would be a disproportionate sanction’.
Once her suspension is lifted, Stark will be barred from acting as manager or owner of any firm or as a freelance and her employment as a solicitor must be approved by the SRA. She agreed to pay £13,800 costs.
