SDT: Reckless actions aggravated misconduct
A junior solicitor who failed to tell her law firm or client that its defence and counterclaim in a personal injury matter had been struck out has been suspended for 12 months.
The Solicitors Disciplinary Tribunal (SDT) also found that Samantha Jayne Dyson acted recklessly in filing a misleading witness statement when applying for relief from sanctions, incorrectly stating that there had been no previous failures by her client.
Ms Dyson had worked at Plexus Legal in the litigation department’s public sector team from 2012 and qualified in 2018. The events occurred in 2021.
Plexus was bought out of administration by Axiom Ince last year, which in turn collapsed soon after.
In an agreed outcome with the solicitor, approved by the SDT, the Solicitors Regulation Authority (SRA) said Ms Dyson was acting for a council’s insurer in a claim brought following a traffic accident.
Plexus was eight days late in filing a costs budget due in October 2021 and Ms Dyson applied for relief from sanctions.
In her witness statement, Ms Dyson stated: “There is no history of other failures on the defendant’s part and the defendant has fully complied with other costs orders and directions once received.”
However, at the hearing in November, the deputy district judge noted that the council’s defence had actually been automatically struck out in January 2021, because of a failure to comply with an unless order to file a directions questionnaire.
According to the SRA, this had happened due to an administrative error at the firm which had nothing to do with Ms Dyson.
However, she was aware of the consequences of not complying with an unless order and had asked the court what had happened; in June 2021, it incorrectly emailed her to say the defence had not been struck out.
The judge refused to set aside the order striking out the defence and counterclaim, and refused to grant relief from sanctions on the costs budget. Instead, he made a £1,200 costs order against the defendant.
According to counsel’s attendance note, the judge said: “I conclude the defendant’s solicitor made a mess of this case and had not applied diligence to try to get this case under control.”
As a result, the council lost the chance to defend a claim valued at £80-90,000 or pursue a small counterclaim. Plexus referred the matter to its professional indemnity insurer, which accepted the claim.
Ms Dyson admitted acting recklessly in drafting the witness statement, describing it as a “careless mistake made under pressure”.
The solicitor also admitted failing to tell the council, its insurer or her colleagues what had happened. Plexus only found out by contacting counsel.
The solicitor said she “deeply regrets” not seeking guidance and advice from her firm “immediately” after discovering the outcome.
Ms Dyson was away from the office due to ill health when the court order was received. The law firm reported the matter to the SRA in January 2022. Ms Dyson left the firm the following month.
The SRA withdrew an allegation of dishonesty on the basis of what Ms Dyson had believed, given the information received from the court.
The SDT said her misconduct was still serious and had been aggravated by her recklessness. “The court must be able to rely on the statement of truth in a witness statement.”
However, she was “relatively inexperienced as a solicitor and that confusion had, to some extent, been caused by administrative errors that the respondent was not responsible for and this had played some role in her conduct”.
The solicitor had shown “a genuine insight by admitting her misconduct and expressed deep regret for her misconduct”.
The agreed suspension of 12 months would “send a deterrent message to solicitors who found themselves in a similar predicament”, it added.
Ms Dyson also agreed to pay £2,469 in costs.
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