McDermott, Jennifer - 124105

• 1. Jennifer McDermott of Withers LLP of 16 Old Bailey, London, being a Member of the said firm agrees to the following outcome of the investigation into her professional conduct under reference REG/46630-2010.

Background

• 2. Jennifer McDermott, a Member of Withers LLP, was instructed by a client who had taken exception to what he regarded as a defamatory reference to him in a party political newsletter regarding a building development.
• 3. Jennifer McDermott was instructed to represent the client in a potential defamation case. Jennifer McDermott then proceeded to correspond with an MP on this issue. During the course of this correspondence, the MP stated that he intended to refer to the disputed building development in the House of Commons.
• 4. On 4 August 2009 Jennifer McDermott sent an email to the MP which stated that, unless he agreed to her client’s settlement terms which included, inter alia, an undertaking not to refer to the matter in Parliament, her client would issue proceedings in defamation.
• 5. The MP referred the matter to the House of Commons Committee on Standards and Privileges (“the Committee”). Jennifer McDermott admitted to having committed a contempt of Parliament in a letter of 25 January 2010 and apologised to the Committee, who found that Ms McDermott had committed a contempt of Parliament by attempting to use the threat of legal action to curtail the MP’s freedom of speech in the House of Commons, but resolved to take no further action.

Findings

• 6. Jennifer McDermott makes the following admission:
  • a. That by committing a contempt of Parliament she has acted in breach of Rules 1.01 and 1.06 of the Solicitors’ Code of Conduct 2007.

Responsibility for professional conduct

• 7. Jennifer McDermott accepts that she has acted as set out in the Background section above and is reprimanded for the breaches identified at paragraph 6a.
• 8. Jennifer McDermott agrees that this outcome may be published by the Solicitors Regulation Authority and that it may also be disclosed to any person upon request or otherwise.
• 9. Jennifer McDermott agrees that she will not act in any way inconsistent with this agreement such as, for example, by denying the misconduct found in paragraph 6a.
• 10. If Jennifer McDermott acts in any way inconsistently with this agreement, all issues may be referred for consideration of referral of her conduct to the Solicitors Disciplinary Tribunal (or internal decision) on the original facts and allegations, and also on the basis that such a failure to comply with this agreement may also constitute a breach of Rule 1 of the Solicitors’ Code of Conduct 2007.
• 11. Jennifer McDermott agrees to pay the fixed costs of this investigation, being £2,355.00.
• 12. The date of this agreement is 3 August 2010.

Signed by
Jennifer McDermott

David Middleton
for the Solicitors Regulation Authority)