Tribunal finds repeated dishonest time recording across multiple client matters
A solicitor has been struck off the roll after a tribunal found she had repeatedly recorded time for work that had not been carried out on client matters.
The Solicitors Disciplinary Tribunal ruled that Clare Elizabeth Forster engaged in dishonest conduct while working at Hudgell Solicitors, where she was employed as a clinical negligence solicitor.
The tribunal heard that between June and November 2023, Ms Forster falsely recorded time across four client matters. In one instance, she attributed the absence of a file note to an IT issue, which was later found to be untrue.
An internal investigation by the firm identified approximately 99.9 hours of time entries that could not be substantiated. These entries were subsequently removed.
The tribunal found that the misconduct involved deliberate and repeated dishonesty over a period of several months. It concluded that Ms Forster knowingly created a false impression of work completed, including instances where documents were either blank or had not been accessed.
Ms Forster admitted the allegations and provided explanations relating to personal and mental health difficulties during the relevant period. The tribunal accepted that she had experienced significant challenges and demonstrated insight and remorse.
However, it determined that these factors did not amount to exceptional circumstances sufficient to depart from the usual sanction for dishonesty. The tribunal noted that the conduct was not a single lapse but formed part of a sustained pattern of behaviour, including attempts at concealment.
In assessing the case, the tribunal emphasised that accurate time recording is a fundamental obligation for solicitors, particularly where work is billed on an hourly basis. It found that the misconduct carried a risk of undermining public trust in the profession.
Although no client ultimately suffered financial loss, the tribunal considered this to be a matter of circumstance rather than intent. It concluded that the seriousness of the dishonesty required removal from the profession to maintain confidence in legal services.
Ms Forster was struck off the roll of solicitors and ordered to pay costs of £25,000.