Case: R -v- S             Court: Manchester Crown Court

Date: 18.09.2007                          Judge: HHJ Lowcroft

Statute: Solicitors Act 1974 s20(1) (Strict Liability)

Offence Description: Unqualified person acting as a solicitors in proceedings in his name in a civil court.

Plea: Guilty                             Total Sentence: £1500 fine+ £15 surcharge

Summary:

Defendant gave legal advice in matrimonial proceedings when not qualified as a solicitor. She had passed the Bar Vocational Course but not taken any professional exams.

Advice was given over a period of months, and included the settlement of financial arrangements and filing a consent order. Her opponent asked if she was a solicitor and she signed a letter and a consent order confirming her qualification.

Aggravating Features: Deliberate deception. Consent order required certificate that lay client had received advice from a solicitor.
Mitigation: Early plea of guilty, no allegation of financial gain ( bills submitted remained unpaid), quality of advice not criticized.

Contributed by : James Lake and Jeremy Barnett, Barristers, St Paul's Chambers