Former Irwin Mitchell associate billed 23 hours in just one day

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By Legal Cheek on

39

‘Inflated’ timesheets leads to strike off


A former senior associate at Irwin Mitchell has been struck off after submitting “inaccurate, misleading, and inflated” timesheets — including one day where she recorded nearly 23 hours of chargeable work.

Natasha Janet Dionne Fairs, who joined the national firm in 2007 and became a senior associate in 2022, admitted to dishonest billing over several years, according to a ruling by the Solicitors Disciplinary Tribunal (SDT).

The tribunal heard that Fairs often allocated extra time to complex cases where bills had already been finalised, or to fixed-fee files where additional hours would be written off. Although clients were not directly harmed, the SDT said her actions had “a significant impact on both her colleagues and the firm”.

“Those working on the same cases as the respondent received a smaller share of fees than they were entitled to, as costs were allocated among fee-earners based on recorded time,” the ruling explained. “Additionally, the firm relied on time recording to assess staffing needs, track work in progress, and forecast future fee income, all of which were adversely affected by the respondent’s misconduct.”

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Concerns raised by two colleagues in May 2023 prompted a review of Fairs’ billing. The investigation uncovered several instances of extreme over-recording, including 20 hours and 24 minutes logged on a single day in April 2020, 22.9 hours on a day in April 2022, and 18.1 hours on a day in April 2023.

The review found examples where Fairs logged just five, six-minute units on the case file, but entered five hours of work against the same matter in the time-recording system

The Solicitors Regulation Authority (SRA) noted:

“This could be perceived as a genuine error or that the Respondent had accidentally confused her hours with her units. However, the pattern and frequency of this apparent error led the Firm to conclude that it was a calculated practice by the Respondent which she could claim was an error if she were questioned about it.”

Fairs, who qualified in 2003, apologised and accepted full responsibility for her actions both at the firm and before the SDT. She said she had been dealing with “significant personal and professional pressures”, including the serious illness and death of her mother, homeschooling during the pandemic, and a “high-volume and low-value” caseload.

In mitigation — which the SRA did not agree with — Fairs claimed her supervisor had been aware of her difficulties but was led to believe that “support was either unavailable or not typically provided in such circumstances”. She also said that meeting time targets was “a strong focus within the firm” and claimed “limited attention given to how those targets were achieved”.

The tribunal struck Fairs off the roll and ordered her to pay £5,200 in costs.

39 Comments

Anonymous

I’ve come across one Of Counsel who used to do this (top 20 firm). He would write my time off on my files and then put the time down as his, which is fraud. I remember one precise example – I had prepared for and attended a CMC and he put that time down under his name, even though he never prepared for or attended that CMC.

Mike

Perhaps you should report this person too ?

Chatgptlawyer

I got charged half an hour for a literal 2 mins zoom call. Most lawyers are blood sucking cowards

Alex

That’s not fraud, if his hourly rate is the same or less than yours. Employees do things for the firm, not themselves. If the firm wishes to reallocate time from you to another, it’s perfectly entitled to.

BusyRoly

POV…Time saved bonus where many efficient workers complete work in a fraction of the time others take…seems the profits retained by firms are taken, banked and only when embarrassed, a head will roll to save the partner overseeing?
See many clients of these firms where motor trade pays staff more hours than they worked as customers are charged for time saved performances…or as many know, cut hours, bodge work!

Oz Barrister

Was this translated by AI???

Justice Prevails

Timesheet padding is incredibly common in lev, corporate due diligence and document review.

1PQE

Yes and partners review all time entires. You dont think the partner saw 23 hours in a day? At my rate its north of 20 grand…. IW is probabbly 1/3 of that but still the point stands.

Older and (maybe) Wiser

I was amazed at the attitude of partners at a legal aid firm I worked for claiming for hours never worked on a case.
When I queried this I was told by others that this was common and colleagues just laughed.

Report them immediately

Please report this immediately. It’s 1) fraud 2) destroys confidence in the profession 3) steals money from already impoverished Legal Aid 4) steals money from the tax payer 5) Reduces the amount of Legal Aid available by eating up funds, so poor people who need Legal Aid end up unrepresented 6) incentivises the government to cut legal aid budgets if they lose confidence in the money going to good use. This is revolting. You should be sending the SRA a report with the exact details of all you can remember from these conversations, names of everyone who said or implied this is common practice, and details of each piece of evidence you viewed which you can remember

Cowboy

Well said “Report them immediately .” In a world that increasingly seems to think that honesty and integrity is somehow an optional extra in any work place (especially Parliament,) it is important to call out bad behaviour and complain formally regardless of whether you think action will be taken. How else do we encourage our younger / newly qualified colleagues / law students that it’s not ok to behave badly and that there are more important things than greed for money and power over others ? It’s what being in a Profession should be about .

Pete Anderson

Amazing to think that. Having worked in law myself l find it hard to go beyond an hour or 2 preparing cases for Court, never mind adding multiple hours or minutes for phone calls or letters never mind seeing the client in front of them.

James

Lazy bugger. There are 24 hours in a day, so he clearly wasted a good hour doing something non-billable.

Eddyboy

Reminds me of the Solicitor who died and went to heaven to a reception of bands playing a bunting saying welcome to the first 200 year old. I am not 200 years old said the Solicitor. But you must be said St Peter – we have been checking your time sheets.

Lewis Silk-Cut

Pfft. The legal profession has much bigger fish to fry than this. It’s weird what the British legal establishment will uphold as integrity ethical behavior and what they won’t. Inflating hours is a rite of passage. And if clients don’t like it, tough. Hire in-house lawyers, it’s much MUCH more efficient (time, knowledge, and cost wise).

Oz Barrister

Hire junior barristers, they are cheaper and more experienced than solicitors.

Adam

Seen this myself first hand. Different strokes for different folks. One of the games that used to be played by one Associate was put through the fixed fee in her name and pass off the file to junior colleagues, whose time was then subsequently Nil forevermore. As a result her fees and realisation ratio was top notch and everyone else was rubbish.

Chatgptlawyer

I got charged half an hour for a literal 2 mins zoom call. Most lawyers are blood sucking cowards

Cowboy

Then you need to choose a Solicitor more carefully or avoid AI unless of course you are a robot !

Oz Barrister

It’s not compulsory for you to use them. Good luck acting for yourself.

Philippa

They may have a 30 minute minimum charge. The interruption, put down and pick up the task they were on, or, if the call was out, then prep required before the call….30 mins minimum is not terrible.

Adam

As if the firm didn’t know what was going on. The supervising partner should also be sanctioned

Philippa

You’ve got to wonder what time recording software is being used. If it’s so poor that anomalies like this don’t jump out, the firm have chosen the wrong software (which means surely they’re liable for insufficient supervision). Something tells me, if she’d only booked 5 hours per day, they’d have noticed and would have been investigating. And 400% compared to target should have said something too!

Anon

Disappointing that the comments and SRA ignored the pressure she was under in her personal life at a time when there is a lot of focus on mental health in the legal profession, particularly for working mothers / caregivers, which is sounds like she was. Perhaps a bit of empathy and support outside of targets would avoid this scenario and a woman’s career being ended.

Roger That

She cheated her colleagues out of their fair share of remuneration. She is a disgrace and so are you for defending her.

The Law

As if. That’s not how solicitor remuneration works.

gordon

Reminds me of that r,cray line about a boat load of lawyers sinking and one empty seat.

Yikes

The fact it took 3 years to discover the first egregious timesheet raises serious questions about the management at the firm.

Club Urope

On a day travelling back from Hong Kong I billed well over 24 hours.

Anon

Me too
25 hours without a break
Followed by 21 hours without a break
Followed by 18×7 for months
Welcome to my world ….

1PQE

I love all of the clearly uni students acting shocked and saying report this report that to the comments.

Hate to break it to you kid, but this is what happens in large law firms. You may be even more shocked when you get into practice to see that the largest padders usually get (i) the most praise and (ii) the biggest bonuses.

If you want to get into private practice and raise hell – go for it. Yes, it isnt right. However, everyone has always done it. Some to different levels than others. Just note that if they find out you said anything you’ll be fired for some random reason and never work in big law again.

Senior practitioner

Back in the days my supervising partner told me that I can bill even when I’m driving, cooking or exercising, as long as I’m “thinking about” the matter. The use of brainpower forms part of the legal service that should be chargeable.

David

I use to bill 20 hours a day regularly, head of debt recovery and insolvency, use to receive instructions in bulk, charged 3 units per new file, one for reading and down loading instructions, one for letter acknowledging instructions, one for 7 day letter, 3 until amounted to 18 mins but whole job took less than 5 mins

RS

Why does this sort of lawyer-behaviour surprise anybody. This one got caught and that’s the difference between her and those many others who are still committing this type of fraud.

Oz Barrister

As a barrister, the occasional all-nighter is unavoidable. I am sure there are solicitors who do the same. Given that solicitors charge in 6 minute increments, sometimes two minutes per email & reply can add up. I charge by 15minute increments, rounded up. If you bother me with constant emails, you will be charged a minimum of 15m. If they are on the same day, I will add them up for a total of actual time.

Sigh

Irwin Mitchell would have been fully aware of the amount of time she was recording, in fact it would have been viewed in her favour when it came to decide her promotion. The only reason they have reported her is that they clearly did not realise, until much later, that they needed to look at her utilisation and would have realised that she was writing off a significant portion of her time. She would have been applauded for recording such a ridiculous amount of time, albeit she was not actually completing the work. How many more lawyers are going to be thrown under the bus by Irwin Mitchell before the SRA look into the actual firm.

Costs Lawyer

15 minute unit of time recording has been held illegal. Precisely because if every telephone call or email is logged on time records the Lawyer can record 10 hours when he/ she has spent no more than say 4 hours….I proved this on one case involving a large London firm and the Judge , at a stroke struck out 800 hours and replaced the figure with 400. He then invited me to address him on further reductions which I did. The firm subsequently reprogrammed their computer time recording to standard 6 minute units.

Lesley

I see this as most soliciters especially in family law claim ridiculous amounts for so called bundles.im sure this is normal practice scamming the system with legal aid boards

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