SDT: Paid tribute to solicitor
A veteran solicitor who was struck off in 2002 “against a background of traumatic domestic abuse” has been allowed to return to the roll to work in a pro bono law clinic.
The Solicitors Disciplinary Tribunal (SDT) said it “paid respect” to Jennifer Hallam, aged 73, for “protecting herself and her children through traumatic times, her dedication to the profession and her tenacity in bringing the application”.
As there was no finding of dishonesty when Ms Hallam was struck off after obtaining a loan from a client, the SDT said it did not need to find exceptional circumstances to restore her to the roll.
“The tribunal noted the matters which had resulted in the applicant’s strike off had taken place over 20 years ago, against a background of traumatic domestic abuse at the hands of her ex-partner.”
According to counsel for the Solicitors Regulation Authority (SRA), she had “behaved improperly in a conflict-of-interest situation and failed to pay client monies into a client account”. She was not struck off for dishonesty, but the tribunal found a lack of probity.
Since she had not attended the 2002 hearing, the SDT said, “the tribunal had never had the opportunity of hearing from her about the matters surrounding those events…
“At this remove in time it was not possible to say whether this information would have altered the outcome, however, it would certainly have been considered.
“The tribunal urges those in similar situations to engage openly with their regulator and the tribunal.”
The SRA did not oppose the application, so long as “appropriate restrictions” were imposed on Ms Hallam “on an indefinite basis”.
Ms Hallam qualified in 1982. In her application, the SDT recounted, she said she had been “a qualified solicitor with an excellent reputation, following a career in which she worked extremely hard”, and a mother of three young children.
“However, at that time she became the victim of unrelenting domestic abuse at the hands of her former partner. The abuse formed the backdrop to the collapse of her professional career, and it was a real and contributing factor to matters which had previously brought her before the tribunal.
“She said that she had fought every day to keep her home and children safe from harm and matters became so acute that police intervention was required to protect her from her abusive partner and later there were many court hearings.
“She and her children were left with no choice but to flee their home, becoming homeless, moving from place to place pursued by her violent ex-partner who breached injunctions and protective court orders.”
It was whilst caught in this “cycle of extreme domestic violence, coercive and controlling behaviour from her ex- partner” that she committed the “errors of professional judgment” that led to her strike-off.
The offer of the loan came at a time when she said she was “completely bereft and desperate” – Ms Hallam said she now knew she should have declined the offer or, having accepted it, advised the offeror to seek independent advice. These failures had “continued to haunt” her.
Ms Hallam has worked in legal academia for the past 20 years, “preparing students to enter legal practice”.
She had been offered an opportunity to work at a pro bono law clinic should she be restored to the roll and was content to do so under restrictions.
The SDT described the evidence of her rehabilitation as “compelling” and her aspirations to help vulnerable people, using legal knowledge and empathy gained from personal experience, as “laudable and encouraging”.
Ms Hallam’s application for restoration to the roll was granted, subject to conditions preventing her from being a sole practitioner, freelance solicitor, partner in a law firm or compliance officer.
She is not permitted to hold client money or be a signatory to client account, and her employment as a solicitor is subject to SRA approval.
Ms Hallam was ordered to pay costs of £5,400.
Leave a Comment