Mental Health Issues Are Not 'Exceptional Circumstances' In Solicitor Dishonesty Cases

The High Court's recent decision in the linked appeals SRA v James & Others [2018] EWHC 3058 (Admin) reminded us once again that dishonest conduct by a solicitor will almost invariably result in striking off, even in the cruellest of circumstances.

The decision

The High Court has ruled on the appeals by the SRA against suspended sentences being imposed on three solicitors found to be dishonest:

Sorani James actively misled her client and her firm about the conduct of a file for a period of 17 months. The Solicitors Disciplinary Tribunal (SDT) found that Ms James was a victim of her firm's "bad, ineffective and inappropriate management" and accepted her evidence that she was terrified at work and suffering from physical and mental symptoms of stress and anxiety. The SDT found that "the root cause of [Ms James's] misconduct...was the combination of the culture of the Firm in terms of pressures placed on junior solicitors and her mental ill-health arising from the pressures of work allied with difficult personal circumstances....[Ms James] had an egg-shell skull personality at the time of these events." By the time of her SDT hearing three years had passed and Ms James was working without any problems as a solicitor in a supportive environment. The SDT imposed a period of suspension (itself to be suspended) and a Restriction Order to ensure that Ms James could only work under supervision. Esteddar MacGregor was the COLP and salaried partner of a sole practitioner's firm. She discovered that the firm had overcharged the Legal Aid Agency in respect of travel expenses and time incurred by interpreters and that her sole principal, Mrs Abey, was taking active steps to conceal this fraud. Instead of reporting this misconduct immediately, Mrs MacGregor helped Mrs Abey for several days before withdrawing and reporting the misconduct some 8-9 months later. The SDT found that Mrs MacGregor had been solely motivated by her desire to protect Mrs Abey who was in poor health; in fact Mrs Abey collapsed when she was eventually reported to the SRA. Mrs MacGregor was found to be under a very high level of pressure at work and at home at the time of her misconduct. She was an anxious person and medical evidence suggested that she may react in a particular way to certain triggers, which included a fear of someone she cared about dying. The SDT imposed a suspended period of suspension and a Restriction Order. Peter Naylor was a corporate law associate instructed...