A solicitor has been struck off after backdating a document and misleading a client.
The Solicitors Disciplinary Tribunal has removed a Mr Michael Carl Lillywhite from the roll after finding dishonest conduct involving a backdated document and a misleading email. The solicitor relied on evidence of serious mental health difficulties at the time however although the tribunal considered these factors, it did not consider them to outweigh it’s finding of dishonesty.
Backdating may seem minor from the outside but dates in the legal profession confirm points of notice, warning, advice, all within time sensitive scenarios where dates can dictate stance and viability. Dates show when a party was aware of information, or when someone shared information is integral for accurate resolution and documentation. An incorrect date can make a poor legal position look strong and that can cause all sorts of issues! If dates are altered, it can mislead a client, an opponent, a court or a regulator and paint a false sense of the facts in a party’s favour. Essentially, a dishonest date is a dishonest account of facts.
Lawyers work under pressure and often in firms where mistakes can feel catastrophic. With these pressures, a disciplinary system which ignored illness would be unfair. Regulation equally has to prioritise the protection of clients and the public. Stress, fear or illness may explain how a bad decision happened but it does it is not a get out of jail free card for dangerous behaviour.
A strike-off removes a solicitor from the roll and stops them practising unless they are later restored, which is rare and difficult. In dishonesty cases, strike-off is usually the outcome unless the circumstances are truly exceptional. The system depends on solicitors being trusted when they date, witness, certify and explain documents.
The reality is many disciplinary disasters start with a problem which could have been contained and rectified easily. Work place pressures and other factors lead to cover ups and the cover-up becomes the act which ends the career.
It is always easier to own up and face the music and fix a situation than to throw your career away. Honest and fired will land you a new job. Dishonest and struck off is game over. And remember, mistakes are what the firm’s insurance is for!
Author: TOF
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