Now several years out of practice, I often read reports of lawyers who didn’t tell the SDT they had been convicted of some sort of bad behaviour which lessened the profession in the eyes of the public. Usually the offender has to pay a fine of hundreds and seemingly even more in costs.
The first time I was reported to the Law Society by another firm came a day or so after I qualified. In filling in a county court form I omitted to tick the box saying solicitors would accept service of the summons. I had therefore caused ‘infinite distress’ to their client. Nothing came of it.
The last time – and I don’t think there was much in between – was more interesting. I sent a trainee to see a man on remand in prison. That was my first mistake. He was a thoroughly experienced conman and away came the trainee with a number of letters including requests for airline timetables and a £5 note for the stamps.
He was to keep any money left over. It was a good lesson for the trainee not to say ‘yes’ when a client asks if he will do a favour. The correct answer is ‘It depends on what it is’. Fortunately the trainee had the sense to tell me what had happened.
In those days the Society did not have an advice line for troubled solicitors. Or if it did I didn’t know the number. What should I have done? Kept them? Posted them and put the balance in the client account? Taken them back myself? If so I would have had to disclose what I was doing. Posted them back? In the event I did just that. After they were intercepted my client reported me to the Law Society and very reasonably he wrote to the Crown court to say he did not want me to continue to act on the legal aid certificate.
The next problem was that no solicitors in the area would act for him. Finally the court clerk rang me. Would I act despite the complaint? Both the man and I agreed. He obtained a satisfactory result but continued with the complaint. It was dismissed.
I’m still not sure what I should have done apart from not sending the trainee in the first place.
James Morton is a writer and former criminal defence solicitor
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