Report comment

The SDT and the High Court in their wisdom have basically decreed in case-law that ANY dishonesty in the course of practice (save for exceptional circs when you need a medical report) means a strike off.

This is unlike any other profession.

Eg. Partner in firm complains to the SRA that an employed Solicitor told him verbally that he had done something (eg. taken an important step on a matter) but had not actually done it - but Solicitor denies ever saying this to Partner.

Currently this allegation of the Solicitor being 'dishonest' to the Partner would never be prosecuted due to the current burden of proof.

But in future all it takes is the SRA/SDT to accept what the Partner is saying is true on the balance of probabilities, and then the Solicitor would be found to have been dishonest - and be struck off.

If this chilling proposal comes to pass, the SRA/SDT therefore need at the same time to adjust the penalties to reflect the different kinds of dishonesty that may arise in practice.