Decision - Employee-related decision
Outcome: Control of non-qualified staff (section 43 order)
Outcome date: 14 September 2020
Published date: 18 September 2020
Firm or organisation at time of matters giving rise to outcome
Name: DAC Beachcroft Services Limited (now DAC Beachcroft LLP)
Address(es): The Wallbrook Building, 25 Wallbrook, London, EC4N 8AF England
Firm ID: 440774
This outcome was reached by SRA decision.
Solicitors Act 1974 - Section 43 Order
IN THE MATTER OF
Keith Howell of Birmingham a person who is or was involved in legal practice but is not a solicitor.
Keith Howell was employed as a litigation executive by DAC Beachcroft LLP at 3 Hardman Street, Manchester, M3 3HF between 18 November 2013 and 29 June 2018.
1. breached client confidentiality by identifying the name of a client in a post on Facebook and in a second post commenting on a case being conducted for that client.
2. failed to act in his clients’ best interests and failed to behave in a way that would maintain public trust in him and the provision of legal services by spending excessive time dealing with clients’ matters and recording billable time in excess of what was reasonable.
I find that Keith Howell 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 his part of such a nature that in the opinion of the Society it would be undesirable for him 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:
(i) no solicitor shall employ or remunerate him in connection with his/her practice as a solicitor;
(ii) no employee of a solicitor shall employ or remunerate him in connection with the solicitor’s practice;
(iii) no recognised body shall employ or remunerate him;
(iv) no manager or employee of a recognised body shall employ or remunerate him in connection with the business of that body;
(v) no recognised body or manager or employee of such a body shall permit him to be a manager of the body; and
(vi) no recognised body or manager or employee of such a body shall permit him to have an interest in the body
except in accordance with the SRA’s permission.