I send an annual
email to all lawyers in my firm. It goes out just as we begin the process of
renewing our Professional Indemnity Insurance. The wording has barely changed
in over 20 years – it started life as a paper memo! This is the familiar email
that invites them to report to me any circumstances that might give rise to a
claim. It always has the same ending –
‘It is not
the end of the world if you make a mistake. But it is a different matter
altogether if you don’t tell me!’
I have
always encouraged lawyers to speak to me or somebody senior if they are worrying about a file. I do it myself. It is all part of learning to work as a busy
lawyer and also to sleep at night. All of which makes some recent stories both alarming
and sad. These involve solicitors who have gone to staggering lengths to try
and avoid being found out.
The first concerns
Claire Tunstall who was suspended by the SDT earlier this year for fabricating
documents in a clinical negligence case. This included medical reports,
correspondence and counsel’s advice. She also made a payment to a client from her
firm’s office account, pretending that it had come from the other side. The SDT
found that she had suffered from a lack of support and supervision from her
employers. She seems to have become ill as a result –
It is hard
to imagine how someone can get into this position. The stress of maintaining
such a fiction is far worse than the stress of getting it off your chest by
admitting you have lost control of a case. I actually have great sympathy for her and would
like to seen action against her firm who allowed this to happen.
But the plight
of Ms Tunstall is overshadowed by two more recent incidents. The first is the case
of Mark Davies who conducted fictitious cases for about five years. He
fabricated documents, misled clients and even made payments to clients from his
own money. Not surprisingly he was struck off last month. Again the question
has to be … why? At what point did it become preferable to embark on a pretence
that ended his career, rather than seek help.
These have
now been followed by third solicitor who has been referred to the SDT.
One such
incident would be unfortunate. To have three in the space of a few months is worrying.
Why is it that lawyers are so afraid of admitting that something has gone wrong,
that they will go to such drastic extremes? What has happened to our profession
that nobody can put a foot wrong and if they do they risk their careers and
health to pretend that all is well?
I think
that we all have a role to play here.
Those of us
in senior positions must make it clear that we are here to help and guide and not
to judge or criticise. A difficult case never seems to be as bad once it has
been shared with someone who isn’t worried about it!
I have no
doubt that most of us do this.
But something is going wrong and we need to do
all we can to ensure that careers are not ruined through fear and panic.
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