I refer to the front-page article on 18 September, ‘Solicitors Disciplinary Tribunal left with backlog of cases’ (see [2008] Gazette, 18 September, 1).

I take issue with [SDT president] Anthony Isaac’s view that ‘perhaps in days gone by solicitors were more inclined to hold their hands up and admit that they had done something wrong and then put it right’.

He fails to acknowledge the increasing tendency of the Solicitors Regulation Authority (SRA) to persecute through the SDT solicitors who are guilty of a minor error of judgement or misunderstanding of the rules – as opposed to dealing with the matter within the profession and giving appropriate support, as always used to happen. This increasing tendency to deal with matters bureaucratically through the tribunal and not to exercise discretion is leading to more pointless prosecutions, less justice and less protection for the public.

I have no objection to a solicitor who is bringing the profession into disrepute being prosecuted. I do have an objection to the prosecution of the partners of a firm which – as many other firms do – charge £30 for processing telegraphic transfers. It was not in the interest of the public or the profession for them to be prosecuted, or indeed for them to receive such a disproportionate fine.

The blame lies not only with the SRA but also the SDT for countenancing such a prosecution. The SDT should be more robust in dealing with trivial prosecutions by disallowing the SRA costs and imposing nominal penalties.

There are many such examples. It is hardly surprising that solicitors prosecuted for such trivial offences should feel a sense of injustice and a desire to resist the prosecution.

In days gone by, solicitors only arrived at the SDT when they had done something truly wrong, rather than been in technical breach of rules which would be dealt with within the profession. That is the difference. And that is why solicitors across the country have little faith in the SRA and even less faith in the SDT to do what is right.

David J Moore, Rodgers & Burton, London