A former solicitor struck off the roll more than 20 years ago has been allowed to return to the profession after a tribunal heard that her misconduct had been associated with being the victim of domestic abuse.
The Solicitors Disciplinary Tribunal said Jennifer Hallam had been totally rehabilitated and that the circumstances of her strike-off allowed it to exercise discretion.
Hallam had explained that when she was banned in 2002 she had been the victim of ‘unrelenting’ domestic abuse at the hands of her former partner as she was bringing up three young children. This had been a contributing factor in her misconduct, but at the time she told neither the regulator nor the tribunal what was happening.
The tribunal not only restored Hallam to the roll but complimented Hallam ‘for protecting herself and her children through traumatic times, her dedication to the profession and her tenacity in bringing the application’.
‘At this remove in time it was not possible to say whether [information about her personal circumstances] would have altered the outcome, however, it would certainly have been considered,’ said the ruling. ‘The tribunal urges those in similar situations to engage openly with their regulator and the tribunal.’
Hallam, now 73, qualified as a solicitor in 1982 and told the tribunal she had enjoyed an excellent reputation before the misconduct. She did not appear at her hearing in 2002 and local media reported she had ‘vanished’. She was banned after receiving a five-figure loan from a client.
At the time, the abuse at home was so bad that police intervention was required to protect her from her partner and there were many court hearings. She and her children fled their home and moved from place to place as they were pursued by the ex-partner, who breached injunctions and court orders.
Hallam said she should have contacted the Law Society and explained the extreme difficulties she was facing, but instead her focus was on protecting her family. She now reflected she was not functioning when the loan was offered, and she had been bereft and desperate to accept it.
Reaching the point of seeking a return to legal practice had been a ‘very long and arduous journey,’ said Hallam, but she considered that her experience would help by giving her a deep and empathetic understanding of others in the same position.
Since being struck off, she had established a career in academia and taught law, as well as being an external examiner for universities. She had now been offered an opportunity to work at a pro bono law clinic should she be restored to the roll.
The Solicitors Regulation Authority did not oppose the application but said restrictions should apply to Hallam’s practising certificate, which she agreed. Hallam also agreed to pay £4,500 costs.
