Solicitors Disciplinary Tribunal finds misconduct was isolated “spontaneous dishonesty” and imposes six-month suspension instead
A solicitor who acted dishonestly by signing a deed as witness to a signature she had not in fact witnessed avoided being struck off after the Solicitors Disciplinary Tribunal found the misconduct did not fall within the ordinary category requiring removal from the roll.
The tribunal accepted that the respondent, a solicitor of 22 years’ standing, had signed the deed despite not having witnessed the signature. While it accepted she had not intended to cause harm and had been acting under significant personal and professional pressure at the time, it concluded that ordinary decent people would regard her conduct as dishonest.
The tribunal emphasised that dishonesty will ordinarily lead to strike-off unless exceptional circumstances are present. It therefore considered whether the case fell within the small residual category where departure from that starting point was justified.
In doing so, it found the misconduct amounted to an isolated episode of what it described as “spontaneous dishonesty”, rather than behaviour that had been planned or repeated over time. It also noted there was no evidence of personal gain and no suggestion that clients had suffered loss.
The tribunal took into account the respondent’s long and previously unblemished career, as well as the significant pressures she was experiencing at the time of the misconduct. It also considered her admissions and the insight she had demonstrated into her actions.
Taking all these matters together, the tribunal concluded that although the dishonesty was serious, it did not fall within the ordinary category requiring strike-off.
Instead, it determined that a period of suspension was sufficient to maintain public confidence in the profession and uphold proper standards.
Ms Burdett was suspended from practice for six months and ordered to pay costs of £25,000.
The tribunal said the decision turned on the particular facts of the case and should not be taken as weakening the general principle that findings of dishonesty will usually result in strike-off, but confirmed that departures remain possible where misconduct is isolated and supported by strong mitigation.