A law firm partner who sent redacted witness statements to his client to avoid admitting a mistake has been struck off the roll.
The Solicitors Disciplinary Tribunal said Paul Formby’s actions were motivated by a desire to keep his position at the firm and to retain his client. The cover-up of a mistake escalated into ‘serious and embedded professional misconduct’, the tribunal said.
Formby, 44, had been a solicitor since 2004 and was a salaried partner of Stockport firm SAS Daniels specialising in insolvency and corporate recovery law.
Instructed by an insolvency practitioner in relation to an estate, Formby had acted for the trustees in proceedings for possession and sale of a property. He was asked to make a section 366 application about the operation of undisclosed bank account but failed to file the required evidence in time in accordance with a court order.
With a hearing listed for 2017, Formby agreed the withdrawal of the application without the consent and knowledge of his client. He also agreed the client should pay towards costs without her knowledge or consent.
When witness statements were served by his opponents, Formby redacted the paragraphs referring to failures to engage with the parties and with directions. He sent these redacted versions to his client.
When the client terminated Formby’s instruction and found new solicitors, he sent them the redacted statements and the missing paragraphs were discovered. The client found out after eight months that Formby had agreed the withdrawal of the application and that she would pay costs.
In an agreed outcome, Formby admitted dishonesty, saying that he was trying to keep his client and his job.
In mitigation not endorsed by the Solicitors Regulation Authority, Formby said he was under significant pressure to progress the application and felt unable to notify the client what was happening. By redacting the documents, he sought to give himself extra time to resolve the problem, and he was both personally ashamed and professionally embarrassed by his conduct.
He was struck off and ordered to pay around £5,000 costs. The tribunal added: ‘When mistakes are made solicitors must act with openness and full disclosure. As a general observation, the tribunal urged any solicitor who realises they have made a mistake to take steps to address it before matters escalate beyond their control.’
