Solicitors

The many ways in which fraudsters try to trick solicitors, property owners, buyers, sellers, borrowers and lenders have been laid out in new guidance issued jointly by HM Land Registry and the Law Society. Meanwhile, a top London law firm has warned solicitors to beware of the HMRC stamp duty land tax calculator.

A solicitor has been struck off after being found by the Solicitors Disciplinary Tribunal to have dishonestly charged an estate “manifestly excessive” fees for probate work – almost nine times the agreed amount. The solicitor had told the executor he would charge 3% of the estate but ended up charging 26%.

The Solicitors Regulation Authority has warned law firms that they are not doing enough to weed out “false or dubious” holiday sickness claims and that some are engaging in shady practices like encouraging clients to delete evidence. It is also investigating 31 firms over potentially improper referral arrangements with claims management companies.

There is a massive demand for unbundled – or limited scope – legal services, not just in famiy law but in almost all areas of legal practice, according to a report into unbundling. Lawyers’ nervousness about possible professional negligence risks associated with unbundling meant a “structured framework within which to practice” was worthwhile to encourage their participation.

The Solicitors Regulation Authority should reconsider the advice it gives to solicitors who enter into sexual relationships with clients, a tribunal has said as it fined one £8,500 for the conflict of interest such a relationship caused. He was twice told by the SRA’s ethics helpline that the only issue was whether he could provide independent and impartial advice.

A long-serving clerk at a Stockport law firm and her husband have been jailed after more than £300,000 was syphoned from the firm and spent on cars and a boat among other extravagances. Rachel Swettenham, 54, pleaded guilty to fraud by abuse of position and was sentenced to four years in prison.

A solicitor whose judgement was affected by the fact he was in a personal relationship with his client has been fined by the Solicitors Disciplinary Tribunal for misleading a court. The tribunal warned that such relationships are “potentially fraught with difficulties, even if entered into with a good understanding of those difficulties”.

Law firms have been warned not to charge excessive fees for payment protection insurance claims, while claims management companies were told that becoming alternative business structures was not a way to avoid caps on their fees.

The Law Society has failed in its bid to strike out a negligence claim by a law firm that was the victim of a fraud after the details of another firm it had checked on the society’s online ‘Find a Solicitor’ facility turned out to be false.

A trainee solicitor has been handed a suspended jail sentence after being convicted of providing illegal immigration advice and services. The judge said he had set out to deceive vulnerable clients seeking help with immigration applications.

Two solicitors have been jailed for a total of six years and one month for their part in committing a fraud and perverting the course of justice in bringing a £20,000 breach of contract claim against a former employee. One of the giveaways was that the Law Society copyright at the foot of each page was incorrect.

A Sussex solicitor lost in a “fog of confusion” over a failed multi-million pound investment scheme has been fined £50,000 by the Solicitors Disciplinary Tribunal, one of the highest individual fines it has handed out. It found that despite being a “very experienced solicitor” and former law lecturer, her “primary failings” had been incompetence.

Solicitors have been warned about what they say in emails and on social media in both their professional and personal lives, in the wake of an increase in reports about offensive and inappropriate posts. Just last week, we reported on a solicitor who was sanctioned for “violent” anti-Semitic and anti-Zionist comments he made on Facebook.

The High Court has rejected a challenge by two solicitors to an intervention into a south London law firm which was accused by a judge last year of making “largely dishonest” claims for unpaid fees. The SRA has now referred them to the Solicitors Disciplinary Tribunal to face multiple allegations.

The Solicitors Regulation Authority has banned a series of non-solicitor fee-earners from working in the profession in the wake of one faking a document after missing a court deadline, and two being convicted of fraud. Under section 43 of the Solicitors Act 1974, they cannot be involved in an SRA-regulated firm without its permission.