Disciplinary standard of proof under review

Solicitors have been asked for their views on expected proposals regarding the standard of proof for the Solicitors Disciplinary Tribunal (SDT).

In a discussion paper published this week, the Law Society says the SDT is expected to review the standard of proof it applies later this year, as part of a wider consultation on the Solicitors Disciplinary Proceedings Rules 2007.

Currently, the SDT applies the civil standard of proof, ‘on the balance of probabilities’.

However, the Law Society argues that it should revert to its pre-2010 position of using the criminal standard of ‘beyond reasonable doubt’, as a solicitor’s livelihood is at risk. A third alternative would be the US standard of ‘clear and convincing evidence’.

The SDT makes decisions on alleged serious breaches of solicitors’ professional rules, and can impose a fine, order a suspension from practice or strike a solicitor off the Roll.