A senior solicitor who failed to check in person the identity documents of a client whom he had known for years has been struck off the roll.
Nicholas Andrew Jackson, admitted in August 2002, certified copies of the client’s passport and driving licence without seeing the originals.
Jackson, representing himself before the Solicitors Disciplinary Tribunal last October, had argued he was justified to certify as originals the high-quality images of the documents he had been sent. He submitted that the originality of the document lay in the information it contains and not in its status as a physical object, and he relied on a ‘chain of trust’ with the client, whom he had represented for six years.
But the tribunal said the requirement to meet a client in person and inspect original documents before certification was ‘fundamental’ to the integrity of the process.
Its ruling, published this week, states: ‘When the respondent certified the documents as true copies of the originals, he had been fully aware that he had not inspected the originals and had not met [the client] for that purpose. He was an experienced commercial property lawyer and must have been aware of the requirements of legal certification.’
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Jackson had been head of commercial property at Chester firm Cullimore Dutton Solicitors when he was sent the documents by the client who required a mortgage. The documents, sent to the lender’s solicitors, were certified by Jackson as a true and complete copy of the originals.
During a monthly file review by the firm, it was found that documents may have been certified without the originals being viewed in person. Jackson told the internal investigation he had not seen the original documents but that he had known the client for many years and would have undertaken all the checks while employed at his previous firm. Jackson was dismissed by the firm in January 2023 and he was reported to the Solicitors Regulation Authority.
During the SRA’s initial investigation, Jackson made admissions and claimed he was dealing with personal issues and had become ‘complacent’ in his conduct. He later told the tribunal he was ‘pressurised’ into making statements that did not reflect his genuine belief.
The tribunal rejected the idea that Jackson’s initial admissions were in any way tainted by coercion and found he had acted dishonestly.
Its ruling added: ‘His motivation was unclear though it may have been to smooth the process along without following the correct procedure in order to minimise any possible delay. His failure to certify the documents in the correct way could have been nothing but a planned course of action.’
Jackson was struck off and ordered to pay £30,480 costs.
