Avoiding strike-off for dishonesty: the exception, not the norm

23 June 2023 / Jessica Clay , Lucinda Soon

Issue: 8030 / Categories: Features , Profession , Legal services , Regulatory , Mental health , Professional negligence

When does dishonest conduct in the solicitors’ profession not lead to strike-off? Jessica Clay & Lucinda Soon consider some exceptional circumstances

Save in exceptional circumstances, a finding of dishonesty will lead to a solicitor being struck off the roll.
If exceptional circumstances are found, the Solicitors Disciplinary Tribunal will however consider issuing a less severe sanction.
What amounts to exceptional circumstances will vary on a case-by-case basis, but will ultimately depend on the nature, scope and extent of the dishonesty.

Where a solicitor is found to have acted dishonestly, the Solicitors Disciplinary Tribunal (SDT) will invariably order that the solicitor is struck off from the roll (see for example Bolton v Law Society [1994] 2 All ER 486 and Salsbury v Law Society [2008] EWCA Civ 1285, [2008] All ER (D) 240 (Nov)).

However, this general rule is not always applied and, in some cases, the SDT has found allegations of dishonesty proved but has nonetheless reasoned that a

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Avoiding strike-off for dishonesty: the exception, not the norm

When does dishonest conduct in the solicitors’ profession not lead to strike-off? Jessica Clay & Lucinda Soon consider some exceptional circumstances

Save in exceptional circumstances, a finding of dishonesty will lead to a solicitor being struck off the roll.
If exceptional circumstances are found, the Solicitors Disciplinary Tribunal will however consider issuing a less severe sanction.
What amounts to exceptional circumstances will vary on a case-by-case basis, but will ultimately depend on the nature, scope and extent of the dishonesty.

However, this general rule is not always applied and, in some cases, the SDT has found allegations of dishonesty proved but has nonetheless reasoned that a

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

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Avoiding strike-off for dishonesty: the exception, not the norm

MOVERS & SHAKERS

Boies Schiller Flexner—Tim Smyth

Katten Muchin Rosenman—James Davison & Victoria Procter

HFW—Guy Marrison