Amy Lianne Jones
Employee
813737

Decision - Agreement

Outcome: Regulatory settlement agreement

Outcome date: 1 May 2024

Published date: 8 May 2024

Firm details

Firm or organisation at time of matters giving rise to outcome

Name: Boyes Turner LLP

Address(es): Abbots House, Abbey Street, Reading RG1 3BD

Firm ID: 555453

Outcome details

This outcome was reached by agreement.

Decision details

1. Agreed outcome

1.1 Amy Lianne Jones ('Mrs Jones'), a former employee of Boyes Turner LLP ('the firm'), a recognised body, agrees to the following outcome to the investigation of her conduct by the Solicitors Regulation Authority (SRA):

1. to the SRA making an order under section 43 of the Solicitors Act 1974 (a section 43 order) in relation to Mrs Jones that, from the date of this agreement:
   1. no solicitor shall employ or remunerate her in connection with his practice as a solicitor
   2. no employee of a solicitor shall employ or remunerate her in connection with the solicitor's practice
   3. no recognised body shall employ or remunerate her
   4. no manager or employee of a recognised body shall employ or remunerate her in connection with the business of that body
   5. no recognised body or manager or employee of such a body shall permit her to be a manager of the body
   6. no recognised body or manager or employee of such body shall permit her to have an interest in the body

except in accordance with the SRA's prior permission

2. to the publication of this agreement
3. she will pay the costs of the investigation of £600.

2. Summary of facts

2.1 Mrs Jones was employed by the firm from 6 April 2021 to 22 February 2023 as a residential conveyancing assistant.

2.2 On 4 August 2022, Mrs Jones was instructed by a client in the purchase of a residential property.

2.3 The client intended to draw down funds from a Lifetime ISA to complete the purchase. To draw down funds the firm needed to complete a 'Model Conveyancer Declaration' form ('the form') and the same be signed by an eligible conveyancer.

2.4 On 2 December 2022, Mrs Jones completed the form and alongside the date, signed purporting to be her line manager.

2.5 The client complained because the Lifetime ISA funds were not available in time for completion, and they lost their government bonus.

2.6 When reviewing the file to respond to the complaint, the firm identified what Mrs Jones had done on the form and commenced a disciplinary investigation.

2.7 On 27 January 2023, Mrs Jones admitted to the firm that:

1. she had signed the form purporting to be her line manager and
2. she had done this because her line manager was out of the office, and she felt pressured by the client to complete his purchase.

2.8 Mrs Jones apologised and acknowledged that she should not have done it. She said it was a 'moment of madness' and that it was an isolated incident.

2.9 Mrs Jones was dismissed by the firm on 22 February 2023 for gross misconduct.

3. Admissions

3.1 Mrs Jones makes the following admissions which the SRA accepts:

1. that her conduct in signing a document, purporting that it was another person signing it when she knew it was not, was dishonest and
2. that it is undesirable for her to be involved in a legal practice.

4. Why a section 43 order is appropriate

4.1 The SRA's Enforcement Strategy and its guidance on how it regulates non-authorised persons, sets out its approach to using section 43 orders to control where a non-authorised person can work.

4.2 When considering whether a section 43 order is appropriate in this matter, the SRA has taken into account the admissions made by Mrs Jones and the following mitigation, which she has put forward:

1. she has no previous history of acting in a dishonest way
2. she exercised poor judgement due to pressure of work and a heavy caseload and
3. she showed insight and remorse to the firm and has cooperated with the SRA's investigation.

4.3 The SRA and Mrs Jones agree that a section 43 order is appropriate because:

1. she is not a solicitor
2. she was employed by the firm, a recognised body and so she was involved in a legal practice
3. by signing, as someone else, a document for a conveyancing transaction Mrs Jones has occasioned or been party to an act or default in relation to a legal practice.

4.4 Mrs Jones' conduct makes it undesirable for her to be involved in legal practice because it demonstrates that when under pressure, she acted in a way that was dishonest and does not uphold public trust and confidence.

4.5 There is a strong public interest in potential employers that are authorised and regulated by the SRA, knowing of Mrs Jones' conduct and the risk she presents.

5. Publication

5.1 The SRA considers it appropriate that this agreement is published in the interests of transparency in the regulatory process. Mrs Jones agrees to the publication of this agreement.

6. Acting in a way which is inconsistent with this agreement

6.1 Mrs Jones agrees that she will not deny the admissions made in this agreement or act in any way which is inconsistent with it.

7. Costs

7.1 Mrs Jones agrees to pay the costs of the SRA's investigation in the sum of £600. Such costs are due within 28 days of a 'statement of costs due' being issued by the SRA.