Angela Campbell
Solicitor
158948

Decision - Agreement

Outcome: Regulatory settlement agreement

Outcome date: 24 January 2022

Published date: 2 February 2022

Firm details

No detail provided:

Outcome details

This outcome was reached by agreement.

Decision details

1. Agreed outcome

1.1 Miss Angela Campbell (“Miss Campbell”), a solicitor and sole practitioner of Campbell Chambers Solicitors (“the Firm”), agrees to the following outcome to the investigation of her conduct by the Solicitors Regulation Authority (SRA):

1. she is rebuked
2. to the publication of this agreement
3. she will pay the costs of the investigation of £300.

Reasons/basis

2. Summary of Facts

2.1 Miss Campbell acted for Mrs S in care proceedings in the Wrexham County Court from 6 November 2017 (“the proceedings”). Mrs S had previously instructed another firm of solicitors (“the previous solicitors”) and her legal aid certificate was transferred to the Firm on 6 November 2017. The proceedings were concluded on 11 July 2018 by way of a final hearing.

2.2 On 14 August 2018, Mrs S requested from the court and Miss Campbell copies of sealed orders that had been issued in the proceedings.

2.3 On 31 August 2018, the court replied to Mrs S and confirmed that no notice of acting had been filed by Miss Campbell, but a review of the court file was to be undertaken.

2.4 On 11 September 2018, the court wrote to Mrs S to confirm the outcome of its review. The court confirmed that no notice of acting had been filed by Miss Campbell. So far as the court was concerned, Mrs S continued to be represented by her previous solicitors until 7 August 2018 when it received confirmation from the previous solicitors that they stopped acting for her in October 2017. As such, all correspondence including orders predating 7 August 2018 were sent to the previous solicitors.

2.5 On dates 4 and 5 September 2018, Mrs S wrote to Miss Campbell to request a copy of the notice of acting that had been filed with the court in November 2017.

2.6 On 6 September 2018, ‘Support’ at the Firm sent an email to Mrs S stating, “Please find attached Notice of Acting”. This was dated 6 November 2017; however, the covering email did not explain that it had not been filed with the court in November 2017.

2.7 On 12 September 2018, Mrs S contacted Miss Campbell and asked why the notice of acting had not been sent to the court or other parties in the proceedings. Miss Campbell explained that all parties were made aware that the firm were acting at court in November 2017.

2.8 In correspondence with the SRA, Miss Campbell confirmed that the notice of acting dated 6 November 2017 was created on 12 September 2018 the same day that it was sent to Mrs S. It was not filed at court and was not served on any of the other parties to the proceedings.

3. Admissions

3.1 Miss Campbell admits, and the SRA accepts that:

1. the manner in which the notice of acting was sent to Mrs S may have given the impression that it was filed at court and served upon the other parties to the proceedings on 6 November 2017, which was not the case. Therefore, Miss Campbell failed adequately or at all to respond to requests by Mrs S for information on whether a notice of acting had been filed at court and served upon the other parties in proceedings in breach of O(1.11) of the SRA Code of Conduct 2011 and Principle 6 of the SRA Principles 2011, and
2. by failing to file the notice of acting with the court, confidential information relating to Mrs S was sent to her previous solicitor in error, in breach of O(4.1) of the SRA Code of Conduct 2011.

4. Why a written rebuke is an appropriate outcome

4.1 The SRA’s Enforcement Strategy sets out its approach to the use of its enforcement powers where there has been a failure to meet its standards or requirements.

4.2 When considering the appropriate sanctions and controls in this matter, the SRA has taken into account the admissions made by Miss Campbell and the following mitigation which she has put forward.

1. Miss Campbell has apologised for any confusion caused by her and the Firm’s responses sent to Mrs S in relation to the notice of acting.

4.3 The SRA considers that a written rebuke is the appropriate outcome because of the following matters.

1. The conduct was reckless. Miss Campbell failed to deal with Mrs S’s correspondence fairly and/or openly in that the manner in which she sent the notice of acting would have led a reasonable person to believe that it was filed with the court, when in fact it had not. Such conduct damages the reputation of the solicitors' profession.
2. There has been no lasting harm to Mrs S, notwithstanding the fact that information confidential to her was sent by the court to the previous solicitors.
3. There is no evidence to show that Miss Campbell intended to mislead Mrs S.
4. This was an isolated incident, and the likelihood of it being repeated is low.
5. Miss Campbell has apologised for her actions.
6. The parties consider that in light of the admissions set out above and taking due account of the mitigation put forward by Miss Campbell, the proposed outcome represents a proportionate resolution of the matter which is in the public interest.

5. Publication

5.1 The SRA considers it appropriate that this agreement is published in the interests of transparency in the regulatory and disciplinary process. Miss Campbell agrees to the publication of this agreement.

6. Acting in a way which is inconsistent with this agreement

6.1 Miss Campbell agrees that she will not deny the admissions made in this agreement or act in any way which is inconsistent with it.

6.2 If Miss Campbell denies the admissions or acts in a way which is inconsistent with this agreement, the conduct which is subject to this agreement may be considered further by the SRA. That may result in a disciplinary outcome or a referral to the Solicitors Disciplinary Tribunal on the original facts and allegations.

6.3 Denying the admissions made or acting in a way which is inconsistent with this agreement may also constitute a separate breach of principles 2 and 5 of the Principles and paragraph 7.3 of the Code of Conduct for Solicitors, RELs and RFLs.

7. Costs

7.1 Miss Campbell agrees to pay the costs of the SRA's investigation in the sum of £300. Such costs are due within 28 days of a statement of costs due being issued by the SRA.