Dishonesty is certainly in the headlines this week, but politics aside, what happens when solicitors are dishonest? In this week’s NLJ, Jessica Clay and Lucinda Soon examine the ‘exceptional circumstances’ which can save a dishonest solicitor from being struck off.
Clay, partner, and Soon, legal director, at Kingsley Napley, cover some cases where a strike-off sanction would be ‘disproportionate’ in the view of the Solicitors Disciplinary Tribunal. While expulsion from the profession is ‘the starting point’, there are a variety of factors which can lead to a lesser sanction.
In an article which should interest all practising solicitors, Clay and Soon unpick these mitigating factors and trace consistently appearing patterns in the caselaw. For example, what amounts to a ‘momentary lapse of judgement’? What is the significance of a lack of personal gain and motivation? What makes for a cumulative approach?
Find out the answers to these questions and more in the article here.
Issue:
8030
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Categories:
Legal News
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Regulatory
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Profession
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Legal services
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Mental health
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Professional negligence
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