It was just over two years ago that I wrote about the
disturbing case of Claire Matthews who found herself struck off after leaving a
briefcase on train. Her desperate attempts to try and retrieve the situation
ended badly –
https://thestevecornforthblog.blogspot.com/2020/04/in-which-losing-briefcase-turns-out-far.html
The disciplinary tribunal referred to the damage to the reputation of the
profession –
“The damage
to the reputation of the profession by the Respondent’s misconduct was
significant as the public would trust a solicitor not to conceal the loss of
data by telling untruths to their colleagues and their employer. The
Respondent’s conduct was a significant departure from the complete integrity,
probity and trustworthiness expected of a solicitor.”
I commented
at the time that her treatment was a stark contract to that of a senior member
of the bar who was suspended after headbutting a junior, female colleague.
There was an
understandable outcry about the way Claire had been treated. It was
particularly disturbing that there had been little consideration of her mental health.
Leigh Day
and three leading barristers agreed to act for her pro bono. In March 2021 the Law Society
Gazette reported that following submission of medical evidence, her case was to
be referred back to the SDT –
We have now
had the news that the entire case against her has been dropped. She can restart
her career. This is clearly good news for her. It is a credit to her that she
has continued the fight. It is also a credit to the profession that the almost
unanimous cry that this was wrong has been heard. But it is a shame that it
came to this. We have to ask what has damaged the reputation of the profession;
a simple mistake in extremely difficult circumstances or the pursuit of a young
lawyer who presents no risk whatsoever? I think that some damage has been done.
Most non lawyers who were aware of the story, shook their heads in disbelief.
If anything,
positive comes from this it must be that there is a seismic shift in the way
the legal profession treats threats similar cases. It is easy to criticise the
SRA, SDT, employers etc. But to some degree don’t we all need to accept some responsibility.
There is now
a refreshing move towards openness about mental health issues. I remember the
time when it was a sign of weakness to admit to problems that can affect us all
at some time. We must never again punish lawyers who are then become afraif to
admit mistakes. All firms and chambers should actively promote a culture of openness
and support.
