SDT in rare split decision over married solicitors' employment of son - Legal Futures
The Solicitors Disciplinary Tribunal (SDT) has issued a rare majority decision over the misconduct of husband and wife solicitors in the employment of their son.
He was employed under restrictions imposed by the Solicitors Regulation Authority (SRA) but Richard and Siva Winters allowed him to work in breach of them.
The two solicitor members of the panel decided to fine them 8,000 each, but the lay member believed that short suspensions were warranted.
Mr Winters, who is 74, qualified in 1980, and Mrs Winters, 68, in 1982. They set up Ware, Hertfordshire firm Winters & Co in 1984.
According to an agreed statement of facts put before the tribunal, their son, Oliver, had worked as an administrative assistant at London law firm Memery Crystal for two years and was due to start a training contract when he was dismissed in May 2017.
He had wrongly informed a client that leases had been completed and took steps to fabricate them by transposing the parties’ signatures to give the impression they had signed them.
Oliver was reported to the SRA and, in March 2018, rebuked for dishonesty. He was also made subject to an order under section 43 of the Solicitors Act 1974, meaning no law firm could employ him without the SRA’s permission.
Mr and Mrs Winters applied for and were granted permission to employ him as a legal clerk assisting with certain tasks in conveyancing matters and under Richard’s direct supervision.
Following an anonymous tip-off, the SRA discovered in late 2019...
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