We are less than two weeks into a new year, and we have already
had reports of young lawyers getting into major difficulties. Both are reported
in Legal Futures . The first follows a familiar pattern. The solicitor
in question had failed to obtain adequate After the Event Insurance. This meant
that, when a matter was discontinued, the client or the firm would have been
responsible for the other side’s costs. She tried to cover up the error by
created forged insurance schedules in the hope that the insurers would not ask
any questions. She then fabricated attendance notes to try and support the
cover up.
It is no great surprise then that she has been struck off the roll
for dishonesty.
This is becoming alarmingly repetitive. Yet again, a career is
brought to a tragic end because concealment seems preferable to honesty. I am
beginning to sound like a broken record but the message for solicitors is clear
– not only is honesty the better option, it is the only option. The discomfort of
a confession is far less painful than the end of your career.
But the sheer number of such cases does raise an equally disturbing
issue. Why are these lawyers so afraid to admit a mistake? Is there such a
culture of fear across the legal profession?
This is partly demonstrated in the second report.
Another young
lawyer was found to have lied to a client and her employer about the progress
of a matter. The Solicitors Disciplinary Tribunal found that one cause of her conduct
was her firm’s attitude towards billing targets. She was a clinical negligence
lawyer who acted for victims. Those cases can be complex, drawn out and
heavily dependent on expert evidence. The solicitor was under heavy pressure
from the firm to meet a billing target. She had received a letter from the firm
requiring her to record 137 hours in 19 days to make a supposed deficit. The letter
went on –
“Please therefore by return of email let me know your plans on how
you are going to resolve that deficit before the deadline. I am assuming that
you will be working each and every weekend and long hours during the week to
ensure that the required target is reached.’
The lawyer in
question was suffering from mental health issues. She later misled her employers,
a client and backdated letters. The tribunal criticised the firm for placing her
undue pressure. Her health issues made her more vulnerable to a negative
reaction to the letter. The firm should have been alerted to the warning signs
of her illness. The firm carried a significant portion of the blame and had not
supported its employee. She was suspended for two years – but such suspension
was itself suspended for three years.
Anyone who
has managed a law firm is aware of the need to ensure that cases are turned
over quickly and efficiently. Managers are likely to be under similar pressures
– from partners, banks, creditors… There are many ways in which this can be addressed.
Supervision and support are crucial. If a solicitor is falling behind a target
there might be any number of reasons – too many cases, an unrealistic target,
illness (as in this case), lack of support. There can never be any excuse for
managers to bully their lawyers in order to improve performance. Members of a
team need to know that there is someone that they can speak to if they are
struggling. That someone is not there to judge but to guide and support.
Many of these
cases that we are seeing involve a young lawyers desperately trying, and
failing, to sort out a crisis on their own. Why are they working in such
isolation in the first place?
I think that
the agenda is shifting here. I used to emphasise the importance of lawyers not being
afraid to speak up if there is an issue. The message is now well and truly one
for managers. Can my lawyers speak to me without being ‘terrified’ of the reaction?
What support do I offer?
Aggressive
treatment of staff is always counterproductive.
We are likely
to see more cases where firms find themselves under scrutiny. Most firms do
care for their staff. Clearly others do not. And this has to change.
Steve Cornforth
is a solicitor who owns the Steve Cornforth Consultancy providing Management
Support, Compliance Advice and Training for Lawyers and Law Firms.
