header-logo header-logo

Avoiding strike-off for dishonesty: the exception, not the norm

127510
When does dishonest conduct in the solicitors’ profession not lead to strike-off? Jessica Clay & Lucinda Soon consider some exceptional circumstances
  • Save in exceptional circumstances, a finding of dishonesty will lead to a solicitor being struck off the roll.
  • If exceptional circumstances are found, the Solicitors Disciplinary Tribunal will however consider issuing a less severe sanction.
  • What amounts to exceptional circumstances will vary on a case-by-case basis, but will ultimately depend on the nature, scope and extent of the dishonesty.

Where a solicitor is found to have acted dishonestly, the Solicitors Disciplinary Tribunal (SDT) will invariably order that the solicitor is struck off from the roll (see for example Bolton v Law Society [1994] 2 All ER 486 and Salsbury v Law Society [2008] EWCA Civ 1285, [2008] All ER (D) 240 (Nov)).

However, this general rule is not always applied and, in some cases, the SDT has found allegations of dishonesty proved but has nonetheless reasoned that a strike-off sanction would be disproportionate to the particular circumstances

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll