A question of trust


A solicitor was instructed by Mr D in connection with a series of serious and grave criminal allegations.


Mr D was not the easiest of clients and he regularly used verbal abuse and bullying tactics to achieve his desired result. The solicitor was experienced and chose not to be unduly influenced by such matters.


It was inevitable from the outset that the two men treated each other with suspicion. Mr D did not trust the solicitor, although it transpired that he had no reason not to do so, and the solicitor was justified in disbelieving most of what his client had to say.


During one of a series of interlocutory appearances, Mr D prepared a note for the court 'letting it be known' that he did not wish the solicitor to continue acting for him. As a result, the solicitor withdrew from the retainer about two weeks before the start of the trial.


At trial, Mr D was convicted and sent to prison for 23 years. He made a variety of misconduct and professional service complaints against the solicitor and asked for these to be dealt with expeditiously as he wished to utilise the adjudicator's decision in connection with a criminal appeal.


During the investigation, the solicitor chose not to respond as fully as he might to the enquiries made of him by the former Office for the Supervision of Solicitors. However, it was clear that he was much concerned about the allegations, particularly as they struck at his integrity and the conscientious way in which he prepared his cases and looked after his clients.


The matter went to adjudication where a finding was made that the solicitor had failed to co-operate effectively with the Law Society's investigation and a sanction was imposed in respect of that matter. With regard to other allegations of misconduct, no further findings were made and the adjudicator's decision made it plain that the result of the enquiry was distinct from any issue that Mr D wished to raise during his criminal appeal. It was not open to the client, in his appeal, to utilise a decision made on an issue that had no direct connection with the conviction.


The solicitor's choice to stand down from the matter following a breach of trust in his relationship with his client was realistic. Even though the client made what transpired to be spurious and unrealistic complaints, the solicitor would have helped his cause had he responded to his professional body.



Every case before the adjudication panel is decided on its individual facts. This case study is for illustration only and should not be treated as a precedent