Section 43 restrictions imposed on former Osborne Clarke employee over exam lie

A former employee at international firm Osborne Clarke has had restrictions placed on any future employment in the legal profession after he lied about sending a mandatory mock exam to his course provider.

Liam Gillard was an assistant accountant at Osborne Clarke, which sponsored Gilliard to study and take exams through the Institute of Chartered Accountants for England & Wales, so he could qualify as a chartered accountant. As part of his course, Gillard had to take a mandatory mock exam set by the course provider. He told Osborne Clarke he had emailed the completed paper but the course provider said it had not arrived.

According to the Solicitors Regulation Authority, the firm asked Gillard for a copy of the email and asked its IT department to verify it had been sent. The IT department confirmed there was no record of Gillard sending the email. Gillard said he had used his private account but when questioned further said he could not find the original email. During a final disciplinary hearing Gillard admitted he had falsified emails shared with the firm. Osborne Clarke terminated his employment.

The SRA said Gillard admitted he falsified an email to an external provider and misled his employer, his conduct was dishonest and it was ‘undesirable for him to be involved in a legal practice’.

He was made subject to a section 43 order, which prohibits him from being employed or remunerated by a solicitor, recognised body, employee of a solicitor, or manager or employee of a recognised body, without the SRA’s prior permission.

The SRA said though Gillard ‘has expressed remorse for his actions [and his] actions amounted to an error of judgment and was out of character’, his conduct ‘makes it undesirable for him to be involved in a legal practice’.

Gillard also agreed to pay £300 costs for the SRA’s investigation.