‘Chickened out’: Solicitor struck off for hiding expert report from client

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By Legal Cheek on

19

Undermined case


A solicitor who lied to a client to “buy herself some time” has agreed she should be struck off the roll.

Laura Elizabeth Simpson, admitted in 2009 and formerly with national outfit Switalskis, admitted she “chickened out” of telling the truth when an expert report undermined her client’s case.

The Solicitors Disciplinary Tribunal (SDT) heard that Simpson had been handling the claim for about a year when she received the report in June 2023. Instead of informing the client, she emailed to say the report would be received “imminently”, later adding she was “still chasing” it and would “keep on at him and be in touch once it’s in”.

The deception unravelled when the client, trying to get an update, called the firm and spoke to Simpson’s secretary who revealed the report had been with the solicitor for eight weeks.

In a meeting with the firm’s compliance officer, Simpson admitted she had “lied” to the client, hoping the matter would “go unnoticed until [she] found the time to consider the report and advise the client”. She told an internal hearing that she had felt “swamped” with work and that it was “stupid thing to do”, but she just wanted to “buy herself some time”.

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The SDT said it “found that Mrs Simpson was motivated by her desire to buy herself time with a client whom she described as ‘challenging’. Her conduct was planned and was in breach of the trust placed in her [client] to keep her apprised of progress on her case. Mrs Simpson was wholly responsible for the circumstances giving rise to the misconduct.”

The tribunal also noted the harm caused: “She had caused harm to [the client], who described being stressed awaiting the report, and that being lied to and misled by Mrs Simpson had a negative impact on her mental health and wellbeing.”

Simpson admitted all allegations of misconduct, told the tribunal she had stopped practising in February, and said she did not intend to return to the profession. In mitigation, she pointed to a heavy caseload of complex claims but accepted her behaviour was “completely unacceptable”.

The SDT confirmed Simpson would be struck off and ordered her to pay £3,000 towards the SRA’s costs — far less than the £30,000 initially sought.

19 Comments

Justin

It’s an incredibly stressful and difficult job. Often not helped by some clients. If you haven’t been there then you might not understand.
I wish you the very best for your future Laura and I do hope that everything works out well for you.

(143)(10)

Paul

Maybe the outcome would have been different had Laura been motivated to continue in the profession, but strike off appears on the face of it wholly disproportionate. The harm caused by an 8-week delay in receiving the report was surely relatively modest. It was presumably an expert opinion that meant the client’s case would likely not succeed in any event.

Some of these SDT decisions scare me.

Anonymous Bumpkin

Totally agree on that. People worry about Trump’s America-I worry about the SDT/SRA’S England and Wales…

Archibald O'Pomposity

A lot of assumptions, Paul. I suspect you wouldn’t be so blasé had you been the client.

Anonymous

Laura, you have really won. It may not sound like that right now but you are lucky to get out of a profession that is regulated by nitwits who themselves have caused more financial loss due to their own incompetence than the solicitors profession ever did when they regulated themselves.

Astonished

The Bar Standards Board would have given an oral warning for this.

Patrick Grant

Not disclosing a report to a client for eight weeks must be unacceptable and it was a stupid thing to do. The stated purpose was to buy time to consider it which should have been about a week.

The consequence might well have been the client losing a lot of the client’s money pursuing a lost cause.

And who would gain from that? The solicitor?

Ranulph

Feel pity for her. Only 6 years in and feeling pressure at a top firm.

Vernon

She obviously didn’t have anyone she felt able to discuss the matter with- the sanction seems severe for someone who under pressure made an error of judgment

Stephen Allinson

I totally agree with the other comments. The common theme in many of these cases is the pressure Sols feel and ( often) the lack of support from their firms. Too many firms parrot out well being platitudes but the reality often seems different. I wish Mrs Simpson every success and fulfilment in the future.

Gt

Too much pressure put on relatively new solicitors by the admin to produce costs.
I bet she feels a lot better being out of the rat race.

A member of the public

You have a code of professional conduct that you must work by and adhere to. This is planned calculated and deliberately. At a cost of £260.00 + VAT per hour. The least you can do is act in the best interest of the client. I have seen the damage that solicitors cause to clients when they ( solicitors) mess up. It destroys lives and families, not to mention the mental anguish and anxiety caused by such actions. Greedy solicitor firms and solicitors afraid to stand up and say work load is too excessive. So yes I agree the decision was correct.

Marshall H

Unless she billed the extra 8 weeks she was preserving the client’s false sense they had a case. Some would say that was all lawyers do…

Archibald O'Pomposity

Lawyers who routinely lose cases, yes.

Anonymous

I can imagine you’d think that law firm name is something terrible if you’re dyslexic.

JPM

The decision may seem harsh, but trust between solicitors and clients is the foundation on which representation stands.

Anonymous

I have been subject to several extreme delays with deceitful legal professionals it is actually fraud to be deceitful by any ordinary persons understanding

Terrified trainee

Good lord this is terrifying. It was definitely wrong, but Strike off seems totally disproportionate.

Archibald O'Pomposity

A salutary warning, more like, for everybody in your position to act with integrity and with your clients interest at heart.

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