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 strike-off

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

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 strike-off

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

SourceURL:

Links:

E-newsletter Sign-Up

MOVERS & SHAKERS

Read All

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS

Read All

NLJ this week: Traders’ convictions quashed in Libor shock

The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement

NLJ this week: Pro bono power without the red tape

Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ

NLJ this week: DNA evidence—justice on ice?

In this week's NLJ, Steven Ball of Red Lion Chambers unpacks how advances in forensic science finally unmasked Ryland Headley, jailed in 2025 for the 1967 rape and murder of 75-year-old Louisa Dunne. Preserved swabs and palm prints lay dormant for decades until DNA-17 profiling produced a billion-to-one match

NLJ this week: Small firms call for tech clarity as AI looms

Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ

NLJ this week: Fraud claims climb as courts brace for AI threats

Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes

Error message

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

MOVERS & SHAKERS

DWF—19 appointments

Cadwalader—Andro Atlaga

Knights—Ella Dodgson & Rebecca Laffan