Rosemary June
Yates
Employee
648812
Decision - Employee-related decision
Outcome: Control of non-qualified staff (Section 43 / Section 99 order)
Outcome date: 26 April 2020
Published date: 29 April 2020
Firm details
No detail provided:
Outcome details
This outcome was reached by SRA decision.
Decision details
To make a section 43 order that with immediate effect:
- (no solicitor shall employ or remunerate her in connection with his/her practice as a solicitor;
- no employee of a solicitor shall employ or remunerate her in connection with the solicitor’s practice;
- no recognised body shall employ or remunerate her;
- no manager or employee of a recognised body shall employ or remunerate her in connection with the business of that body;
- no recognised body or manager or employee of such a body shall permit her to be a manager of the body; and
- no recognised body or manager or employee of such a body shall permit her to have an interest in the body except in accordance with an SRA permission.
Reasons/basis
Rosemary June Yates was employed as a legal executive by Jarmans Solicitors of Third Floor, Bell House, Bell Road, Sittingbourne, Kent ME10 4DH until 8 December 2017.
Ms Yates failed to progress a probate matter and provided false information to third parties regarding its progress.
Ms Yates created and backdated a letter on another probate matter to give the impression that she had communicated with a client when she had not.
It was found that Ms Yates had acted dishonestly.
It was also found that she acted in breach of Principles 2, 4, 5, 6 and 7 of the SRA Principles 2011.
It is found that Rosemary June Yates is or was involved in a legal practice (as defined by section 43 (1A) of the Solicitors Act 1974) but is not a solicitor and has occasioned or been a party to, with or without the connivance of a solicitor, an act or default in relation to a legal practice which involved conduct on her part of such a nature that in the opinion of the Society it would be undesirable for her to be involved in a legal practice in any of the ways set out in the order.
Other information
Ms Yates is directed to pay the sum of £6,900 in relation to the SRA's costs of investigating this matter.
Ms Yates can apply to the SRA for a review of all or part of the adjudicator’s decision within 28 days of her having been given notice of the decision.
She also has a right to appeal to the Tribunal in relation to all or part of the adjudicator’s decision. Any appeal must be made within 28 days of notice being given of the decision subject to appeal, unless the Tribunal gives her longer.
If there is a material change in circumstances, Ms Yates can apply to us at any time under rule 7.1 of the Regulatory and Disciplinary Procedure Rules asking us to remove the control order.
She can also apply to the Tribunal at any time to ask for the control order to be removed.