• Application 11650-2017
• Admitted 1997
• Hearing 17 October 2017
• Reasons 10 November 2017
The SDT ordered that the respondent should be struck off the roll.
In December 2012, while acting for client A in bringing a personal injury claim, the respondent had made statements to client A concerning her claim which were untrue and misleading and which he knew to be untrue and misleading, in breach of principles 2, 4, 5 and 6 of the SRA Principles 2011. In so doing, the respondent had acted dishonestly.
The respondent had acted as he had to assist a client and mislead her personal partner.
He had lost his moral compass and had departed to a great extent from the complete integrity, probity and trustworthiness expected of a solicitor with commensurate harm to the reputation of the profession. The implication of what the respondent had done was that a solicitor could be persuaded to write a bogus letter at a client’s request. It was very serious misconduct.
While the respondent had acted to help the client, he should properly have been advising her that that course of action was unacceptable. He was given credit for the fact that he had reimbursed the client in respect of her claim being struck out. He had not shown any particular insight into his actions, although he was clearly genuinely regretful that the case had been struck out and he had not disputed the factual basis of the allegations.
No less a sanction than strike-off would be appropriate.
The respondent was ordered to pay costs of £7,869.