header-logo header-logo

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

127510
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

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

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Foreign judgment creditors have gained a route to recovery after the Supreme Court’s ruling in Drelle v Servis-Terminal
Surrogacy is growing in popularity, but parents-to-be face a complex legal framework
Winning a judgment may be only the beginning of an expensive enforcement battle, writes Professor Dominic Regan in this week's NLJ
back-to-top-scroll