Amy
Cassini
Employee
7054135
Decision - Employee-related decision
Outcome: Control of non-qualified staff (Section 43 / Section 99 order)
Outcome date: 20 March 2024
Published date: 2 May 2024
Firm details
Firm or organisation at date of publication
Name: The Owen Kenny Partnership Limited
Address(es): Unit 3 Chichester Business Park, City Fields Way, Tangmere, Chichester, PO20 2FT
Firm ID: 537040
Outcome details
This outcome was reached by SRA decision.
Reasons/basis
Who does this decision relate to?
Amy Cassini
A person who is or was involved in a legal practice but is not a solicitor.
Summary of decision
The SRA has put restrictions on where and how Ms Cassini can work in an SRA regulated firm.
It was found that Ms Cassini, who is not a solicitor, was involved in a legal practice and has occasioned or been a party to an act or default which involved such conduct on her part that it is undesirable for her to be involved in a legal practice in any of the ways described in the order below.
The facts of the case
Ms Cassini was employed as a fee earner at The Owen Kenny Partnership (the firm) in its wills and probate department.
On 21 October 2021, the firm made a report to the SRA about Ms Cassini. The firm said that during a period of significant stress in her personal life Ms Cassini had recorded time on client files when there was no evidence that she had completed the work.
It was found that between 26 July 2021 and 30 September 2021, Ms Cassini recorded time on 10 client files for work she had not completed. In doing so, her conduct was dishonest.
Decision on outcome
An order pursuant to section 43(2) of the Solicitors Act 1974 was made as Ms Cassini's conduct meant that it was undesirable for her to be involved in a legal practice without the SRA's prior approval. The order pursuant to section 43 was made with effect 28 days after the date of the letter or email notifying Ms Cassini of this decision.
Ms Cassini's conduct was serious because, despite her personal mitigation, she had behaved dishonestly. She had recorded time for work when she had no genuine belief that she had done it. Invoices including the fabricated time recording entries had been rendered to, and paid by, clients.
In mitigation, the firm had credited all relevant invoices back to the clients affected.
Ms Cassini was also ordered to pay the SRA's costs of £600.
What our Section 43 order means
- 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 the SRA's prior written permission.