Firm ref: 223639
Sol ref: 110646
Our ref: TRI/1010990-2011
REGULATORY SETTLEMENT AGREEMENT
1. Mr. Michael William Lowick of Lowick McKay, 46 Church Road, Gatley, Cheadle, Cheshire, SK8 4NQ agrees to the following outcome of the investigation into his professional conduct under reference TRI/1010990-2011.
Background
2. On 16 November 2006, Mr. Lowick discovered an act or omission on the part of his firm (a failure to file a Pre-Trial Checklist in time with the result that a claim for personal injuries had been struck out) which could give rise to a claim against his firm by his client DP but did not either advise DP to seek independent advice on the matter or notify the firm’s indemnity insurer as to the claim which might be made.
3. Furthermore, Mr. Lowick continued to act for his client DP after 16 November 2006 in relation to that claim for personal injuries notwithstanding that a conflict was present between his own interests and those of DP.
Admission
3. Mr. Lowick makes the following admission:
That having discovered an act or omission on the part of his firm Lowick MacKay which could give rise to a claim against the firm by a client he did not
- (a) Inform the client that he should seek independent advice on the matter; or
- (b) Consider whether a conflict of interest had arisen and not act further for the client if such a conflict was present; or
- (c) Notify the firm’s indemnity insurer as to the claim which may be made.
In breach of Principle 29.09 of the Guide to the Professional Conduct of Solicitors 1999 (8th edition) and / or Rules 20.07 and 20.09 of the Solicitors Code of Conduct 2007.
Regulatory Outcome
4. Mr. Lowick is severely reprimanded
5. Mr. Lowick agrees to pay the costs of the SRA in the sum of £4,410 within 28 days of the date of his signing of this agreement.
6. This Regulatory Settlement Agreement will be published by the SRA and may be disclosed by the SRA as they see fit.
7. Mr. Lowick agrees that he will not act in any way inconsistent with this agreement such as, for example, by denying the misconduct set out in his admission.
8. If the undertakings referred to in paragraph 5 above are not complied with, or if Mr. Lowick acts in any way inconsistent with this agreement, all issues may be referred for consideration or referral of his conduct to the Solicitors Disciplinary Tribunal (or SRA internal decision) on the original facts and allegations and also on the basis that such failure to comply with this agreement may constitute a breach of Rules 1.2, 1.3 and 1.6 of the Solicitors’ Code of Conduct 2007.
9. The date of this agreement is 5th March 2012
Michael William Lowick
Carol Westrop
Head of Legal Policy
Solicitors Regulation Authority
Andrew Bullock
Legal Adviser / Advocate
Solicitors Regulation Authority