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A case to answer is not enough

© Copyright LexisNexis 2025. All Rights Reserved.
03 March 2023 / John Gould
Issue: 8015 / Categories: Features , Procedure & practice , Regulatory , Profession , Disciplinary&grievance procedures
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The ‘public interest’ justification for the right of any individual to bring disciplinary proceedings against any solicitor disappeared a long time ago, says John Gould
  • Solicitors have a right to expect that decisions to bring disciplinary proceedings and to prosecute are taken carefully and correctly.
  • A recent case, Greene v Davies, illustrates the potential duration and complexity of disciplinary proceedings.
  • Such cases should be screened objectively and independently for prospects, proportionality and the public interest. For this purpose, ‘a case to answer’ is an inadequate test.

For many people, enduring court proceedings is like serving a term in a kind of litigation prison. If what is at stake is a person’s whole livelihood and reputation, the gaol is a tough one. If the wheels of justice turn slowly while they grind to fine dust, the sentence may be long. Every day the anxiety, and even the fear of ruin, may lurk, ready to push forward through the throng of more ordinary thoughts. If the accusations

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