CDT/52551-2008
REGULATORY SETTLEMENT AGREEMENT
Mrs Jennifer Samantha McAvoy, being a solicitor formerly employed at Linder Myers Solicitors, agrees to the following outcome of the investigation into her professional conduct under reference CDT/52551-2008.
1. Background.
a) Since March 1993, Mrs McAvoy was employed by the firm of Linder Myers, a solicitors’ firm practising from Phoenix House, 45 Cross Street, Manchester, M2 4JF.
b) Mrs McAvoy was admitted to the Roll of Solicitors on 16 December 2002.
c) Mrs McAvoy’s caseload included a large number of clients who were making a claim for compensation to the Residential Institution Redress Board (‘the RIR Board’) in Ireland. In March 2008 Linder Myers made a report to the Solicitors Regulation Authority regarding the professional conduct of Mrs McAvoy including allegations in relation to her conduct in claims made to the RIR Board.
2. Admissions.
Mrs McAvoy makes the following admissions, not being admissions of dishonesty, which the SRA accepts :
a) That she submitted expenses claims to Linder Myers on 14 September 2005 and 11 October 2007 to the RIR Board in relation to her client, Mrs F for travel, accommodation and food which she knew, or ought to have known, could not properly be claimed from the firm or the RIR Board.
b) That by her letter of 10 September 2007 made statements to the RIR Board that she knew, or ought to have known, were misleading by saying that medical reports could not be dealt with in correspondence and that the client was mindful of the reports being lost or intercepted, when she had already sent the medical reports to the client by post.
c) That by her letter dated 2 January 2008 Mrs McAvoy made statements to the RIR Board that she knew, or ought to have known were misleading by saying a ticket had been submitted by mistake and had not been used when the ticket had been used and was for two people.
d) That Mrs McAvoy provided responses to the SRA on 17 June 2008, through her solicitors, which she knew or ought to have known were misleading.
3. Mitigation.
Mrs McAvoy puts forward the following in mitigation :
a) In submitting the expenses claims Mrs McAvoy acted in good faith but the claims were incorrect. This was due to genuine error on her part. In submitting the claims in relation to travel, accommodation and food she sought to apportion the costs referable to her attendance in Portugal but inadvertently included an element for the attendance of her mother.
b) That in her letter of 10 September 2007 Mrs McAvoy did not advise the RIR Board that following the meeting with the client in September 2005 copies of the amended and approved medical reports were supplied to the client by post. It would have been appropriate and standard practice for her to provide this information. It is correct to say that the policy on which Mrs McAvoy conducted such cases was to meet the client to discuss the contents of the medical reports bearing in mind their emotional and psychological frailty and once approved provide the reports by post thereafter.
c) In relation to the letter of 2 January 2008 Mrs McAvoy properly booked the flights from work but did not immediately receive a confirming email. In a busy office environment, with frequent interruptions, she anticipates that she may not have made, or otherwise completed the transaction, and submitted a further request for travel documentation. She therefore booked twice. The loss incurred on the second unnecessary booking (which was never used) was borne by the solicitor. It was clearly mis-reported to the RIR Board.
d) It is accepted that representations submitted on behalf of Mrs McAvoy were not accurate. The solicitor however provided information to the best of her knowledge and belief and did so largely from her own recollection (after a period of 3 years) and without reference to the file.
4. Undertakings
Mrs McAvoy provides the following undertakings to the SRA :
a) She undertakes to make an application for her voluntary removal from the Roll of Solicitors within 28 days of the date of this Agreement.
b) She undertakes not to seek restoration to the Roll of Solicitors within a period of 3 years from the date of this Agreement.
c) She undertakes to disclose details of this Agreement in any future application for restoration to the Roll of Solicitors and acknowledges that in deciding whether or not to grant the application, the SRA will apply the principles relevant to an application by a former solicitor to the SDT for restoration to the Roll.
5. Conclusions.
a) In relation to the findings at paragraph 2 above and in view of Mrs McAvoy’s agreement to remove her name from the Roll and not to seek restoration for a period of 3 years, the SRA considers it appropriate that Mrs McAvoy should be reprimanded in relation to her conduct. She is therefore by this agreement reprimanded for the breaches admitted in paragraph 2 above.
b) Mrs McAvoy 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.
c) Mrs McAvoy agrees that she will not act in any way inconsistent with this agreement such as, for example, by denying the misconduct found in paragraph 2 above.
d) If Mrs McAvoy acts in a way which is inconsistent with this agreement, or if Mrs McAvoy fails to fulfil the undertakings within paragraph 4, all issues may be referred for consideration of her conduct which may result in a disciplinary sanction or a referral to the Solicitors Disciplinary Tribunal on the original facts and allegations and also on the basis that such failure to comply may also constitute a breach of Rule 1 and / or Rule 10 of the Solicitors’ Code of Conduct [2007].
e) Mrs McAvoy agrees to pay a contribution to the costs of the investigation in the amount of £900.
f) The date of this agreement is...............
Mrs Jennifer Samantha McAvoy
David Middleton
Director of Legal of the SRA