Emma
Burns
Employee
7012561
Decision - Fined
Outcome: Fine
Outcome date: 13 November 2024
Published date: 6 January 2025
Firm details
Firm or organisation at time of matters giving rise to outcome
Name: Askews Solicitors
Address(es): 92-94 Borough Road, Middlesbrough, TS1 2HJ, England
Firm ID: 615546
Outcome details
This outcome was reached by SRA decision.
Decision details
Who does this disciplinary decision relate to?
Emma Burns, who is CILEX qualified and previously a senior paralegal at Askews Solicitors, 92-94 Borough Road, Middlesborough TS1 2HJ.
Final Decision
Short summary of decision
We have issued Ms Burns with a financial penalty for breaching Principle 2 of the SRA Principles 2019.
Facts of the misconduct
On 13 May 2023 Ms Burns was arrested on suspicion of driving under the influence of excess alcohol following a road traffic accident on Longlands Road in Middlesbrough. She had been drinking at home before driving to a supermarket. As she turned into the supermarket car park a third-party vehicle collided into the rear of her vehicle.
On 30 May 2023 Ms Burns was convicted of driving a motor vehicle with the alcohol concentration above the prescribed limit, contrary to section 5(1)(a) of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988.
It was found that in committing the offence, Ms Burns failed to behave in a way that upholds public trust and confidence in the solicitors' profession and in legal services provided by authorised persons, in breach of Principle 2 of the SRA Principles 2019.
Decision on sanction
It was decided that a financial penalty was an appropriate and proportionate sanction.
This was because Ms Burns' conduct was serious by reference to the following factors in the SRA Enforcement Strategy:
- Any lesser sanction would not be appropriate.
- To send a signal to those we regulate more widely with the aim of preventing similar behaviour by others.
- Some public sanction is required to uphold public confidence in the delivery of legal services.
Aggravating factors included that Ms Burns' conduct was reckless and had the potential to cause harm. She had direct control over her actions. She had a previous conviction for driving with excess alcohol in 2020 as a result of which she received a financial penalty for committing professional misconduct.
The mitigating factors were Ms Burns' self-report to her employer, her co-operation with the SRA and her guilty plea.
In view of the above, Ms Burns' conduct was placed in conduct band C which has a financial penalty bracket of between 16% and 49% of her gross annual income. Her conduct was placed in the middle of this bracket, at C4 (32% of gross annual income). A discount of 25% was applied to the penalty to take account of factors including Ms Burns' self-reporting, early admission and co-operation.
Financial penalty and costs
Ms Burns was ordered to pay a financial penalty of £7,780 and costs of £600.
SRA Principles 2019
Principle 2: You must act in a way that upholds public trust and confidence in the solicitors' profession and in legal services provided by authorised persons.