A post-completion assistant at a Lancashire law firm has been barred from working for a legal firm without the permission of the Solicitors Regulation Authority (SRA) after faking signatures on a TR1 form.
Gemma Stanton, formerly an employee of KJD Law, traced the signatures of clients and a witness onto the TR1, which was related to the sale of land. The firm had been instructed to deal with the sale of two plots, but only one TR1 was correctly completed and signed.
When asked to provide the second TR1 by the buyer’s solicitor, Stanton traced the signatures from the first form and added them to the second. When a solicitor at the firm asked if the signature page from the first TR1 form had been added to the second, Stanton said it had. She was advised to tell the buyer’s solicitor to disregard the document.
However, when the solicitor examined the document more closely they realised the signatures were slightly different on each form. When questioned again, Stanton admitted tracing the signatures to add to the second form, saying she had panicked because the matter was urgent. She was suspended the same day and dismissed two weeks later.
In its decision, the SRA said a section 43 order – preventing Stanton from working for a legal firm without permission – was appropriate because she was employed by a legal practice and ‘acted in a way that was dishonest’.
“Such conduct fails to uphold public trust and confidence in the solicitors’ profession and in legal services provided by authorised persons. Furthermore, she initially misled her colleague by saying she had sent the first TR1 signature page and did not admit to tracing the signatures until questioned further.”
The SRA said it had also taken into account the admissions made by Stanton, who had no previous history of acting dishonestly. The decision noted:
“She has shown insight and remorse and accepted responsibility or her actions. She accepts she panicked as the matter was urgent and should have asked for help on what to do. She exercised poor judgement as she was inexperienced in her role and her supervisors were on leave at the time of the incident.
“Her conduct was isolated to the reported matter alone.”
Stanton, who cooperated fully with the SRA, agreed to pay the £300 costs of the investigation.
4 responses
Junior staff are put under so much pressure by clients, colleagues and agents, no wonder this kind of thing happens. Until something changes in the legal field this will happen again. How about look into the factors such as she had been given undue pressure because the matter was ‘urgent’. Everything is urgent these days in conveyancing and it’s a wonder why people come into this profession at all. Conveyancing assistants are paid the least, but tend to care the most.
This is what happens with a overloaded firms and not training their staff and monitoring them while they learn.
Mistakes are made, no one speaks up due to fear and people burnout and leave conveyancing roles.
Someone needs to look at the conduct of the managers in the charge of the firm. Yes the Assistant did the wrong thing but what made her do that? Once again, the bigger picture is being missed.
Totally agree with the comments above. Have been in the profession 37 years and it’s the worst pressure ever now with demands for immediate responses on detailed matters that need consideration. When you give clients an honest timeline some want to complain.
Attitudes need to change but sadly there are no signs of this happening.
I still love the job but also glad I expect to be able to retire within 10 years if not sooner.
It’s no surprise professional indemnity insurance is always rising and lawyers are burning out quickly and no signs of the pressures upon us being addressed. Lots of talk about mental health being important but no official real action to address it.