Decision - Employee-related decision
Outcome: Control of non-qualified staff (section 43 order)
Outcome date: 18 March 2020
Published date: 18 March 2020
Firm or organisation at time of matters giving rise to outcome
Name: Waldrons Solicitors Ltd
Address(es): Capstan House, The Waterfront, Brierley Hill WEST MIDLANDS DY5 1XL
Firm ID: 564439
This outcome was reached by SRA decision.
ORDER FOR PUBLICATION
In the matter of:
Elaine Marshall a person who is or was involved in legal practice but is not a solicitor.
Ms Marshall is a fellow of the Chartered Institute of Legal Executives. She was employed by Waldrons Solicitors Ltd from April 2017 until 6 March 2018, when she was dismissed, with immediate effect, for gross misconduct.
In order to cover up a mistake on a personal injury matter, Ms Marshall created a court claim form and a court order and misled her client and her colleagues as to the true nature of the settlement.
Ms Marshall paid £1,200 from her own funds to increase the settlement to her client. When her employers became suspicious she admitted to forging the documents. She admitted acting dishonestly.
I find that Elaine Marshall 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 below.
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; (v) 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.